| Case ID |
d7e70ee9-691b-4716-a2b6-0ee5331f833b |
| Body |
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| Case Number |
C. Ms. Nos. 229-L and 322-L of 1993 in C.O. No. 37 |
| Decision Date |
Jun 27, 1993 |
| Hearing Date |
Jul 05, 1993 |
| Decision |
The Lahore High Court ruled that the sale certificate could only be issued to the auction-purchaser, M/s. Mall Developers (Pvt.) Ltd., as it had legally paid the full bid amount for the assets of M/s. Milly Leather Industries. The court emphasized that the certificate of sale is not a title deed but merely evidence of title and cannot be transferred to a third party. The auction-purchaser can transfer the property through a formal sale-deed, following legal requirements, including payment of stamp duty and registration fees. The application to issue the sale certificate in the name of Mall Tanneries and Leather Works (Pvt.) Ltd. was dismissed, confirming that the sale certificate is granted solely to the auction-purchaser or their legal representatives. |
| Summary |
In the case involving M/s. Mall Developers (Pvt.) Ltd. and the Joint Official Liquidators of Milly Leather Industries, the Lahore High Court addressed critical issues surrounding the issuance of sale certificates under the Civil Procedure Code. The court clarified that once a sale of immovable property is confirmed, the sale certificate can only be issued to the auction-purchaser. This ruling underscores the importance of adhering to legal formalities in property transactions, ensuring that any transfer of property must be executed through a proper sale-deed. The court's decision reinforces the principle that a sale certificate serves as evidence of title and should not be mistaken for a title deed. This case serves as a significant reference for legal practitioners and stakeholders involved in property sales and auctions, emphasizing the need for compliance with legal requirements to avoid disputes in property rights. Keywords such as 'sale certificate', 'property transfer', and 'legal compliance' are crucial for understanding the implications of this ruling. |
| Court |
Lahore High Court
|
| Entities Involved |
M/s. Mall Developers (Pvt.) Ltd.,
M/s. Mail Tanneries and Leather Works (Pvt.) Ltd.,
M/s. Milly Leather Industries
|
| Judges |
ZIA MAHMOOD MIRZA, J
|
| Lawyers |
Bashir Ahmad,
Sh. Elisan Ahmad
|
| Petitioners |
MALL DEVELOPERS (PVT.) LIMITED
|
| Respondents |
JOINT OFFICIAL LIQUIDATORS MILLY LEATHER INDUSTRIES LTD. (Under Liquidation)
|
| Citations |
1993 SLD 1214,
1993 PLD 688
|
| Other Citations |
AIR 1938 Allahabad 471
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
Order XXI, R. 94
|