| Case ID |
02304b90-94f8-4ee5-8239-e4dca81e5cad |
| Body |
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| Case Number |
H.C.A. No.39 of 2003 |
| Decision Date |
Sep 20, 2005 |
| Hearing Date |
Sep 20, 2005 |
| Decision |
The Sindh High Court ruled that the auction-purchaser acquires clean and unencumbered rights to the property sold under court orders unless any encumbrances are specifically noted in the sale proclamation. The court found that the direction for the decree-holder to clear all liabilities was not justified, as the liabilities of the judgment-debtor could not be claimed against the decree-holder or the auction-purchaser. The judgment emphasized that encumbrances could only be enforced against the debtor personally or against their property before it was auctioned. The decision clarified the interpretation of 'as is where is basis' in property sales, concluding that it relates only to the physical condition of the property and not to any attached liabilities. |
| Summary |
This case involves an appeal regarding the execution of a decree and the sale of mortgaged property by the United Bank Ltd. The auction-purchaser contended that the property was sold free from all encumbrances, a claim supported by the Sindh High Court's ruling. The court clarified that the auction-purchaser acquires rights to the property in its current condition without any liabilities attached, unless specifically stated otherwise in the sale proclamation. The decision also discussed the implications of the phrase 'as is where is basis', indicating that it pertains solely to the physical attributes of the property sold and does not include any financial liabilities that may have been incurred by the previous owner. This ruling highlights the importance of clear communication in property sales and the responsibilities of parties involved in such transactions. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUSHIR ALAM,
SYED ZAWWAR HUSSAIN
|
| Lawyers |
Haleem Siddiqui,
Amanullah Khan
|
| Petitioners |
UNITED BANK LTD.
|
| Respondents |
another,
Messrs ALNOOR ENTERPRISES
|
| Citations |
2006 SLD 2099,
2006 CLC 822
|
| Other Citations |
I.D.B.P. v. Messrs Maida Limited 1994 SCMR 2248,
Amjid Ali v. Official Assignee, High Court 2001 CLC 671
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Law Reforms Ordinance (XII of 1972)
|
| Sections |
O. XXI, Rr.10,
Rr.61,
Rr.66,
S.3
|