Law:

Section:

Constitution of Pakistan (1973)--­Arts. 185(3) & 199---Creditor and debtor---Constitutional jurisdiction--­Contractual obligation---Enforcement through Constitutional petition before High Court---Maintainability---Loan sanctioned by Bank for installation of poultry farm---First instalment was released by Bank but debtor did not take up steps to construct proposed shed etc. which was condition precedent for releasing next instalment---Bank's demand of interest on released amount was resisted by debtor who filed Constitutional petition against such demand which was accepted---High Court had further directed that debtor's land which was mortgaged with Bank for securing loan amount be redeemed and documents of title be returned to petitioner after execution of necessary deed of redemption--Validity---Contention raised was that High Court was not justified in pressing into service its Constitutional jurisdiction in respect of contractual matter and relief granted by it was not warranted by law---Leave to appeal was granted to consider whether of High Court was in consonance with law. Muhammad Mumtaz Masud and 2 others v. House Building Finance Corporation and 2 others 1994 SCMR 2287 ref. Hafiz S. A. Rehman, Senior Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioners. Nemo for Respondent. Date of hearing: 23rd April, 1996. ORDER AJMAL MIAN, J.---This is a petition for leave to appeal against the, judgment dated 22-2-1995 of a learned Single Judge of Lahore High Court, Rawalpindi Bench, Rawalpindi, passed in Writ Petition No. 1400 of 1994, filed by the respondent impugning the claim of the petitioner bank for the recovery of the amount of interest on the principal amount of loan, allowing the same. 2. The brief facts are that on 31-8-1989 a loan of Rs.4,79,000 was sanctioned by the petitioner bank for installation of a poultry farm by the respondent at Village Bucha, Tehsil Gujjar Khan, District Rawalpindi, which was to be released in instalments. The first instalment of Rs.2,70,000 was released by the petitioner bank, out of which the respondent was required to construct the proposed shed etc. and the balance of the sanctioned loan…

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