| Citation(s) |
|---|
| 199 SLD 701 = 1999 CLC 3 |
High Court (AJ&K)
MUHAMMAD IQBAL---Respondent Civil Appeal No.52 of 1998, decided on 5th May, 1998. (On appeal from the order of the High Court, dated 8-12-1997 in Writ Petition No.298 of 1997).
Presented By: Present: Sardar Said Muhammad Khan, C. J.,
Abdur Rashid Abbasi, Advocate for
Respondent.
MUHAMMAD IQBAL---Respondent Civil Appeal No.52 of 1998, decided on 5th May, 1998. (On appeal from the order of the High Court, dated 8-12-1997 in Writ Petition No.298 of 1997).
Presented By: Present: Sardar Said Muhammad Khan, C. J.,
Abdur Rashid Abbasi, Advocate for
Respondent.
Basharat Ahmad Shaikh and Muhammad. Yunus Surakhvi , JJ HOUSE BUILDING FINANCE CORPORATION through General Manager and another---Appellants
VERSUS
Law:
Section:
Azad Jammu and Kashmir House Building Finance Corporation Act, 1952--- ----Ss. 28, 29 & 30---Auction of borrower's property for non-payment of loan--Borrower having failed to pay amount of loan despite issuance of notices to him by Corporation, a notice was finally issued to him under S.28(1) of Azad Jammu and Kashmir House Building Finance Corporation Act, 1952 to pay outstanding amount against him failing which Corporation would auction house of borrower on specified date---Borrower challenged notice issued to him by Corporation in writ petition on ground that Corporation was not legally competent to auction pledged house under S.28(1) of Azad Jammu and Kashmir House Building Finance Corporation Act, 1952, but could only move District Judge under S.30 of Azad Jammu and Kashmir House Building Finance Corporation Act, 1952 for redress of its grievance---High Court accepted plea of borrower---Held, Corporation under provisions of S.28(1) of Azad Jammu and Kashmir House Building Finance Corporation Act, 1952 was fully empowered to sell property of borrower in case of breach of terms of agreement without having any recourse to District Judge---View taken by High Court that Corporation was not competent to sell pledged house without having recourse to District Judge under S.30 of Azad Jammu and Kashmir House Building Finance Corporation Act, 1952 or that it was District Judge only who could order sale of pledged property was not correct, because S.30 of Azad Jammu and Kashmir House Building Finance Corporation Act, 1952 was applicable to situation different to situations provided in S.28 thereof and one situation could not be subordinated to another---Order passed by High Court was set aside by Supreme Court-- Corporation was fully competent to issue notice to borrower for auction of his house which was pledged by borrower with Corporation in circumstances. Rafique Akhtar Chaudhry v. Azad Jammu and Kashmir Government PLD 1982 SC (AJ&K) 124; Abdul Mutaleb v. Mst. Rezia Begum PLD 1970 SC 185; Aziz-ur-Rehman v. Presiding Officer, Local Council Elections 1993 SCR 177; Mian Muhammad Shahbaz Sharif v. Ch. Muhammad Altaf Hussain, Governor of Punjab, Lahore PLD 1995 Lah.…