Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) Ss.19 & 22 Execution of decree Sale of mortgaged property Appellant claimed to have purchased, property from respondent (widow of deceased debtor) ¬Contention of Bank was that initially widow sold property to deceased husband, who mortgaged same with Bank, but she later on by playing fraud sold same to appellant, when she was not its owner Banking Court dismissed objection petition Validity Widow had a disabled son, two young daughters, and a minor son, and was not in a position to pay balance decretal amount Widow requested for waiver of decretal amount by Bank except Rs.1,00,000, which was more than Rs.80,000 Bank's counsel could not state the exact rate of mark up on the basis of which claimed amount had been calculated Record showed that widow had re¬paid principal amount and Bank had excessively charged about Rs. 80, 000 from period of such repayment High Court disposed of appeal with observations that on payment of Rs.50,000 each by appellant and widow within specified period, whole decree would stand satisfied; but in case of appellant's failure to pay his share, entire decretal amount could be recovered by sale of property; but in case of widow's failure, appellant might pay her share in order to save property from auction, but could initiate proceedings against widow for committing fraud. ORDER The property in question is 3 Marlas house in Main Bazar; Kharak. The said house was owned by Mst. Shahida Dilshad who, as per record, sold the same in favour of her husband through a registered sale deed dated 19 6 1982. In the year 1982 the husband mortgaged the said house with the House Building Finance Corporation, and procured two loans of Rs.94,000 and Rs.40,000 respectively. Thereafter Mst. Shahida Dilshad on the basis of her earlier title which she had passed on to her husband, sold the house to one Yaqoob in the year 1988. The said Yaqoob further sold this house in 1992 in favour of present appellant. 2. On 7 9 1999 the Bank respondent brought a suit against the husband of Mst. Shahida Dilshad which was ex parte decreed to the tune of Rs.2,88,831 on 14 4 2000. In satisfaction of…

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