1489/2007 Suit Adnan Aziz Ahmed (Plaintiff) V/S Rakil Ahmed Zaman& Others (Defendant)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
1489/2007 Suit Adnan Aziz Ahmed (Plaintiff) V/S Rakil Ahmed Zaman& Others (Defendant) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 06-MAY-22
As far as strength and defence of sale certificate, as relied upon by the defendants, who are the other set of legal heirs are concerned, the subject property never vested with the Nazir of this Court, which could enable him to sell the same and issue sale certificate. Nazir was never given any authority to sell the property on behalf of legal heirs. It was a private sale and some of the legal heirs arranged a buyer and presented him before the Court. Thus, the act of issuing sale certificate by the Nazir was without jurisdiction and/or mandate.