' In this suit plaintiff seeks a declaration of ownership in respect of Mazda Mini Bus bearing Registration No,UR-2876, New No,JE-6891, Model 1983, on the averments that he purchased the same from defendant No,6, through an agreement of sale, dated 10-3-1994 for consideration of Rs,2,50,000 with delivery of possession. The said vehicle was subsequently transferred by defendant No,2, in favour of defendant No,3, who got its registration transferred in his name in the record of Motor Registration Authority. Plaintiff falling aggrieved by the transfer of this vehicle in favour of defendant No,3, as an act of forgery approached Anti-Corruption Authorities, who impounded the vehicle. On his application Special Judge A.C.E. (Provincial) Karachi, ordered the custody of the vehicle in favour of plaintiff on Superdari which was impugned in Criminal Revivsion Application. No,14 of 1998 by defendant Ghulam Haider. In the aforesaid revision a learned Judge of this Court set aside the order passed by the Special Judge A.C.E. And directed to hand over the custody of vehicle in favour of defendant No,3, subject to deposit of a sum of Rs,2,50,000 with the Nazir of the Court and further subject to determination of title by the competent Civil Court. Plaintiff impugned this order before the Supreme Court of Pakistan. The said order was upheld with the modification that the amount of security was raised from Rs,2,50,000 to Rs,4,00,000 which he deposited by defendant No,3 with the Nazir.
2. Through C.M.A. 8259 of 1998, plaintiff seeks an interim injunction restraining defendants Nos. 1 to 5 from creating third party interest in respect of the vehicle whereas through C.M.A. 8260 of 1998, he seeks the appointment of Receiver pending the decision of the suit with powers to ply Mini Bus and deposit its monthly income with the Nazir of the Court.
3. As defendant No,3, has already deposited a sum of Rs,400,000 with the Nazir of the Court and obtained a temporary custody of the vehicle and, prima facie, he is the registered owner of the vehicle, Mr. Aman Khattak, Advocate for defendants Nos.1 to 3, undertakes at the bar that defendant No,3 shall not transfer the bus in dispute to anyone else pending the decision of this suit.
On such undertaking this application is disposed of in the aforesaid terms with a caution that any violation of such undertaking shall be treated breach of an order of the Court for which legal consequences to follow.
4. Adverting to C.M.A. Seeking appointment of Receiver pending the decision of the suit, suffice it to say that plaintiff has founded his title to the bus on agreement of sale with defendant No,6, without the transfer thereof in his favour in the record of Motor Registration Authority. On the other hand defendant No,3, is in possession and enjoyment of the Mini Bus as well as its recurring income by virtue of an order passed in Criminal Revision by this Court, subject to furnishing valuable security with the Nazir. He has also filed Suit No,618 of 1998 before the VIIIth Senior Civil Judge, Karachi
(West) for determination of his title to the bus. As there is no serious allegation of damage/waste to the property, it is neither just nor convenient to disturb the possession of defendant No,3, lawfully granted to him in judicial proceedings arising out of a special criminal case against Excise and Taxation authorities and the private defendants. Besides, defendant No,3 apparently has invested a huge amount in obtaining and purchase of the said vehicle followed by the deposit of valuable security in cash with the Nazir, it would, therefore, be neither fair nor equitable to disturb his possession and to deprive him of the income of the said vehicle unilaterally. I think, ends of justice would be secured if defendant No,3, is directed to maintain account of income and expenditure on account of Mazda Mini Bus in his possession and file such statement with the Nazir of the Court at the end of every month so that party ultimately found entitled to the said bus is fully compensated.
Application is disposed of accordingly with direction to the defendant No,3, to furnish up-to-date accounts of income and expenditure on account of Mini Bus, in office before the close of November, 1998 and to submit monthly statement of account and expenditure commencing from today on or before the 5th of every following month. These statements shall be placed before the Court for scrutiny after every quarter in order to rescue the interests of the parties to the suit.