Agreement to sell dated 8-8-2007 was executed by husband in favour of respondent; suit for specific performance was filed on 3-1-2008, which was dismissed by the civil court

  Agreement to sell dated 8-8-2007 was executed by husband in favour of respondent; suit for specific performance was filed on 3-1-2008, which was dismissed by the civil court , however, the appeal filed by respondent was accepted vide ex parte judgment and decree dated 28-12-2008---Agreement to sell, filing of the suit for specific performance and the judgment and decree passed in favour of respondent (objector) were all subsequent events to the decree of maintenance allowance passed in favour of the wife and minors; respondents (husband and objector) being close relatives in connivance with each other had tried to frustrate the decree of maintenance allowance passed in favour of the wife and minors---Any agreement to sell executed by the respondent (husband) regarding his property after the decree passed against him was illegal and unlawful and did not create any right in favour of the subsequent purchaser (objector)---Sale-deed executed by husband was result of fraud and connivance which could not be allowed to be made a tool to frustrate the judgment and decree of maintenance allowance passed in favour of the wife and minors---Appellate court had failed to apply its judicial mind while passing the judgment and decree ---Constitutional petition was allowed in circumstances.

2015 CLC 667
SAIMA PERVEEN
Versus
NAEEM AHMAD NASIR