| Citation(s) |
|---|
| 2002 SLG 2155 2002 SLD 2155 2002 CLD 593 |
Lahore High Court
First Appeal from Order No.313 of 2001, heard on 21st January, 2002.
JAWWAD S. KHAWAJA AND ABDUL SHAKOOR PARACHA, JJ
Iftikhar Ullah Malik for Appellant. Ghulam Haider Algazali for
Respondent No. 1.
First Appeal from Order No.313 of 2001, heard on 21st January, 2002.
JAWWAD S. KHAWAJA AND ABDUL SHAKOOR PARACHA, JJ
Iftikhar Ullah Malik for Appellant. Ghulam Haider Algazali for
Respondent No. 1.
Mrs. RAANA AKBAR --Appellant
VS
. BANK OF PUNJAB through Mr. Tariq Hameed, General Manager, Finance, its duly constituted Attorney and 6 others --Respondents
Law:
Section:
Banking Companies (Recovery of Loans) Ordinance (XIX of 1979) --S.11 Sale of property in execution of decree Judgment¬debtor substituted his mortgaged property known as A with property known as B Objection of debtor was that property known as C could not be sold before sale of property known as A Validity Bank had already sold the substituted property known as B in execution of decree thus property known as C could neither be released from attachment nor exempted from sale. JUDGMENT JAWWAD S. KHAWAJA. J. This appeal impugns the order, dated 13 9 2001 passed by the learned Banking Court II, Lahore. 2. Before us learned counsel for the appellant contended that the appellant's Property bearing No. 114-A, Ahmed Block, New Garden Town, Lahore, had neither been mortgaged nor properly attached and as such it could not be brought to sale in ' execution of the decree dated 11 6 1995 obtained by the respondent Bank. 3. We have gone through the impugned order with the assistance of learned counsel for the parties and have also considered their arguments. It was contended before us by learned counsel for the appellant that the decree holder Bank was a mortgagee of property measuring 4 1 /2 Kanals comprised in Khasra No. 5686 in Mouza Niaz Baig vide mortgage deed, dated 15 4 1990. According to him the appellant's property…
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