Transaction executed in favour of present petitioner was hit by the principle of lis pendens whereas the principle of lis pendens in the facts and circumstances involved in the case was not attracted, hence the impugned decisions are not sustainable in the eye of law.

2. Learned counsel for the petitioner submits that the objections filed by the petitioner on the basis of registered sale deeds dated 19.03.1981 and 12.10.1986 qua same land purchased from principal owners namely Muhammad Sarwar and National Industrial Cooperative Finance Corporation, have not been taken into consideration in execution of decree dated 13.09.1971 passed by the learned trial Court and affirmed upto Hon’ble Supreme Court while dismissing Civil Petition No.1603-L of 2001 on 29.06.2004 holding that objections were not sustainable because the petitioner had purchased the suit land after passing of decree, hence the transaction executed in favour of present petitioner was hit by the principle of lis pendens whereas the principle of lis pendens in the facts and circumstances involved in the case was not attracted, hence the impugned decisions are not sustainable in the eye of law. He has placed reliance on Mst. Surayya Begum v. Muslim Commercial Bank Ltd. and 4 others (PLD 1990 Lahore 4), Riaz Hussain and others v. Muhammad Akbar and others (2003 SCMR 181) and Muhammad Hussain & Co. Rice Dealers through Muhammad Hussain and 8 others v. Habib Bank Limited through Attorneys and 2 others 2005 CLD 1400 (Lahore).  

Part of Judgment 

IN THE LAHORE HIGH COURT, LAHORE.

Civil Revision
3674-11

2017 LHC 4782