| Case ID |
158b4900-f6e1-4437-be45-b0ad3e154c26 |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No.566 of 2004/BWP |
| Decision Date |
Nov 23, 2006 |
| Hearing Date |
Nov 23, 2006 |
| Decision |
The civil revision was dismissed as the petitioners failed to establish any misrepresentation or fraud regarding the decree passed on July 11, 1993. The court emphasized that registered deeds carry a presumption of correctness, while entries in the revenue record do not hold such presumptive power. The petitioners, having purchased the property, were expected to conduct due diligence, including examining the registration office records prior to the purchase. The respondent's mortgage deed was valid despite the absence of an entry in the revenue record. Therefore, the challenge to the decree was found to be without merit, leading to the dismissal of the revision petition. |
| Summary |
This case revolves around the civil revision filed against a decree that was challenged on the grounds of fraud and misrepresentation. The Lahore High Court addressed the issues related to property transactions, specifically focusing on the validity of registered deeds compared to entries in revenue records. The court highlighted the importance of due diligence for property purchasers and clarified the legal implications of registered assignments. The ruling underscores the necessity for buyers to verify property records thoroughly to avoid legal complications. This case is significant in understanding property law, the implications of mortgage agreements, and the necessity for proper legal counsel during property transactions. Keywords such as 'property law', 'mortgage fraud', 'civil procedure', 'due diligence in real estate', and 'Lahore High Court rulings' are essential for SEO optimization. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SH. HAKIM ALI, J
|
| Lawyers |
Shafiq Ahmad Malik,
M. Shamshir Iqbal Chughtai
|
| Petitioners |
others,
SADIQ HUSSAIN
|
| Respondents |
others,
HOUSE BUILDING FINANCE CORPORATION, BAHAWALPUR
|
| Citations |
2008 SLD 698,
2008 CLC 405
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
House Building Finance Corporation Act, 1952
|
| Sections |
12(2),
30
|