Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss. 15(6) & 19---Sindh Rented Premises Ordinance (XVII of 1979), S.15---Money decree, execution of -Auction of mortgaged property in possession of tenant---Conformation of auction in favour of auction-purchaser-Order of Banking Court directing tenant to deliver possession of such property to auction¬-purchaser---Validity---Statutory tenant had a right to remain on premises and no one could eject/dispossess him without due course of law---Banking Court, in absence of explicit provision could not put auction purchaser into possession of such property---Legislative intent could not be construed to deprive tenant of his right to occupy property guaranteed under law in presence of documentary evidence confirming his status---High Court set aside impugned order in circumstances. Mst. Zarina Khawaja and others v. Agha Mehboob Shah PLD 1988 SC 190; Mst. Mubarak Shah v. Banking Court No.III 2005 CLD 515 and M. Ghana v. M. A. Mullick and 3 others 1973 SCMR 90 rel. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ---S.15---Statutory tenant, right of---Scope---Such tenant had a right to remain on premises and no one could dispossess/eject him without due course of law. JUDGMENT MRS. QAISER IQBAL, J.---By this common judgment we proposed to dispose of 1st Appeals Nos. 68, 69, 70, 71, 72, 73 and 79 of 2006 arising out of the impugned order dated 19-8-2006 passed by Incharge Judge of learned Banking Court No.III, Karachi in Execution Application No. 1 of 2005 filed in suit No.73 of 2003 whereby the appellants were directed to vacate premises in their occupation bearing G/1, G/2, G-3, 1/3 bearing No. RB-9/20, D.S. No.III-A-187, Ramchard Karamchand Building, Arambagh Quarters, Karachi being statutory tenants were protected under the law. 2. The facts leading to the appeals are that the respondent No. 1 filed suit for recovery of a sum of Rs. 73,10,144 with a mark-up succeeded in obtaining a decree for the sale of the mortgage property, consequent thereupon filed Execution Application No. 1 of 2005, the property was put to auction. The respondent No. 5, who is brother-in-law of real brother…

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