The Violations of Injunctive Orders are not tolerated --- Lahore High Court
Islamabad 06-08-2024: In a significant ruling, the Lahore High Court has overturned a decision by the Additional District Judge, Pattoki, reaffirming the original judgment of the Trial Court in a case concerning the specific performance of an agreement to mortgage/sell agricultural land.
The case [Civil Revision 2592-2024], was filed under Section 115 of the Code of Civil Procedure, 1908. The petitioners challenged the judgment and decree dated May 28, 2014, issued by the Additional District Judge, which had modified the Trial Court's judgment dated June 1, 2013.
The legal heirs of petitioner’s contended that the Appellate Court's decision was based on a misreading of evidence and material irregularity. The High Court found merit in this argument, noting that the Appellate Court failed to properly evaluate the evidence presented. The case originated from a suit filed by the deceased petitioner seeking possession and specific performance of an agreement to mortgage/sell agricultural land. The agreement, dated May 24, 2006, was for a land mortgage of Rs. 300,000, with a provision for further transfer upon additional payment. The High Court upheld that the execution and contents of the agreement were established through documentary evidence and corroborating witness testimonies. The Court emphasize the precedence of documentary evidence over oral testimony, the court referred to several Supreme Court rulings, highlighting that documentary evidence should be trusted in cases of contradiction.
The Court reiterated that transactions involving mortgaged property do not become void under the Transfer of Property Act, 1882. The rights of financial institutions remain intact, and the transferee is obligated to pay the mortgage amount. The judgment underscored the doctrine of lis pendens, stating that any transaction during litigation is subject to the court's final decision. This principle prevents parties from altering the rights of the property under dispute.
Despite an injunctive order, the legal heirs of deceased respondent transacted the property, invoking the doctrine of lis pendens. The court emphasized that the violations of injunctive orders are not tolerated. The principle of lis pendens prevails over the claim of bona fide purchasers. Even bona fide purchasers must adhere to the outcomes of ongoing litigation regarding the disputed property.
The Lahore High Court's ruling reinstates the Trial Court's judgment, directing the specific performance of the agreement to mortgage/sell in favor of the petitioner's legal heirs. The decision reinforces the importance of documentary evidence, the integrity of judicial processes during litigation, and the precedence of established legal doctrines like lis pendens.
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