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Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) Ss. 17 & 22 Transfer of Property Act (IV of 1882), S.58(b)(f) Decree for recovery of loan amount Plea of Bank was that appellant defendant had created mortgage in favour of Bank to secure the liabilities of other defendant and delivered original title deed of her house to Bank and executed in favour of Bank registered mortgage deed, general power of attorney and memorandum of deposit of title deed Suit was decreed against all defendants ¬Appellant denied to have executed such documents or delivered title deeds to Bank; her earlier explanation about custody of title deeds with Bank was that another defendant (a friend of appellant's son) had obtained her original title deeds; her explanation in this regard before High Court was that same were handed over to said defendant in order to show to some Government department that he was a person of means Validity Appellant had handed over title documents to Bank in 1998, but thereafter had done nothing to retrieve the same Bank filed shit oil 18 5 2000 Appellant lodged F.I.R. on 7 7 2002 alleging that title deeds given to said defendant had been misplaced Story set up by appellant was far fetched and not credible Timing of such F.I.R. showed that same had been meant to thwart recovery suit filed by Bank ¬Explanation given for handing over title deeds to said defendant was not plausible as how he could have established that he was man of means by showing title deed of a house owned by appellant, who was not related to him No justification 'existed for letting title deeds remain with said defendant for a period of two years ' till lodging of F.I.R. on 7 7 2002 Case set up by appellant was not plausible having been advanced just to frustrate recovery of Bank dues Impugned decree was not open to exception High Court dismissed the appeal in circumstances. JUDGMENT JAWWAD S. KHAWAJA, J. This appeal impugns the judgment and decree dated 5 3 2002 passed by the learned Banking Court No. II, Lahore. The said decree was passed in a suit filed by the respondent Bank seeking recovery of an amount of Rs.7,685,152, together with other amounts as prayed for in…

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