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2002 CLD 490

TAHIR ZAHOOR MIAN vs HABIB BANK LIMITED, TIMBER MARKET BRANCH,

Citation2002 CLD 490
CourtLahore High Court
Case No.E.F.A. No, 733 of 2001
Date2001-12-06
Judge(s)Jawwad S. Khawaja, Muhammad Sair Ali
ResultAppeal allowed

ORDER

' The legal issues agitated by the appellant in the present appeal, on the basis of which this appeal was admitted to regular hearing have already been noted in the order, dated 18-10-2001.

2. We have today examined the 'Hibba Nama' and relinquishment deed, which the appellant was directed to produce in the Court vide previous order, dated 7-11-2001. From the examination of these documents it is clear that title in the property in question came to vest in the appellant on 12- 3-2001 i,e, prior to date of attachment, which took place on 5-5-2001. In these circumstances, relying on the case titled Naseer Ahmad and others v. Asghar All 1992 SCM R 2300 we allow this appeal. As a consequence, the order, dated 5-5-2001 and 5-9-2001 are set aside.

3. However, it is clarified that this order shall not prevent the respondent/Bank from invoking other remedies available to it under the law, if it is of the view that the alienations comprised in the - Hibba Nana' and relinquishment deed referred above were effected with the object of avoiding creditors such as the respondent/Bank.

Cited by 2 cases

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