46/2006 II.A. Muhammad Aqil (Appellant) V/S Muhammad Amir & Another (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
46/2006 II.A. Muhammad Aqil (Appellant) V/S Muhammad Amir & Another (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 31-MAY-18
The newly developed question in these proceedings while the instant appeal was pending adjudication is the alienation of the property by respondents No.1 and 2 to respondent No.3. It is claimed to have changed hands and respondent No.3 claimed to have acquired rights in the property and very ably represented by the same counsel who represents the respondents No.1 and 2. Its alienation was effected while the interim order was operating. Additionally Mr. Abrar argued issue of lis pendens. Admittedly the notice under section 18 of the Registration Act in terms of Section 52 of the Transfer of Property Act was not issued. The question of lis pendens would take its effect when proceedings would be initiated in terms of section 18 of the Registration Act, 1908 for its effectiveness and cure as required in terms of Section 52 of the Transfer of Property Act.