Caution Marking by DHA and Non Issuance of No Demand Certificate

Caution Marking by DHA and Non Issuance of No Demand Certificate Case Laws Civil Law Constitutional Law Knowledge - Civil Law Knowledge - Constitutional Law Lahore High Court Litigation & Arbitration Solutions - Civil Law Solutions - Constitutional Law Mr. Justice Faisal Zaman Khan in his judgment has decided the issue of caution marking by DHA and non issuance of No Demand Certificate (“NDC”) in Writ Petition No. 2789 of 2014.

1. The facts giving rise to the present petition are that petitioner was owner of land measuring 100 Kanals in Mouza Chak Bharat Lahore which was situated within the precincts of Phase-VIII of Defence Housing Authority (Respondent). In the year 2003 petitioner entered into an agreement with respondent for sale of 100 Kanals of land against which 17 exempted plot files were to be given to him. Thereafter a conveyance deed dated 06.03.2003 bearing Document No. 3529 Volume No. 1, Book No. 115 was registered with Sub Registrar Aziz Bhatti Town Lahore, subsequent to which mutation No. 326 dated 16.05.2007 was sanctioned in favour of the respondent and possession was handed over.

2. In furtherance of the agreement/conveyance deed petitioner was given 17 exempted plot files, which he from time to time and without any objections from the respondent has been selling the same.

3. Petitioner being owner of another plot bearing No. 291-E, Phase VI, DHA, Lahore applied for a NDC whereupon it revealed that a caution has been marked by the respondent because of which petitioner cannot sell his plot. Feeling aggrieved present petition has been filed challenging the embargo placed on the rights of the petitioner.

4. Report and parawise comments were requisitioned from the respondent which revealed that the said embargo has been placed because petitioner has failed to fulfill his obligation under the agreement/conveyance deed.

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