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National Provincial Building Society v Ahmed

Language: English Series: Estates Gazette ; (1995) 38 EG 138-141(4)Publication details: 1995Subject(s): Summary: CA 5 May 1995. In 1987 the plaintiff (N) advanced the defendant (A) £40,000 to purchase the lease of a flat secured by a legal charge. A defaulted in repayments and in November 1992 consented to a suspended order for possession. In March 1994 A vacated the property owing N £6,811. N applied for a warrant for possession and A applied to the county court to set aside the suspended possession order and the warrant. In October 1994, N sold the flat with vacant possession to a purchaser. On 2 November 1994 the county court set aside the possession order and granted a new suspended possession order - ordering that A be readmitted into possession. N appealed. Appeal allowed.

CA 5 May 1995. In 1987 the plaintiff (N) advanced the defendant (A) £40,000 to purchase the lease of a flat secured by a legal charge. A defaulted in repayments and in November 1992 consented to a suspended order for possession. In March 1994 A vacated the property owing N £6,811. N applied for a warrant for possession and A applied to the county court to set aside the suspended possession order and the warrant. In October 1994, N sold the flat with vacant possession to a purchaser. On 2 November 1994 the county court set aside the possession order and granted a new suspended possession order - ordering that A be readmitted into possession. N appealed. Appeal allowed.