Law: Karachi Port Trust Act, 1886

Section: 46

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIV,Rr.12,13

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Transfer of Property Act, 1882

Section: 57,69(4),108

Karachi Port Trust Act (VI of 1886)--- ----S. 46---Transfer of Property Act (IV of 1882), Ss.57, 69(4) & 108---Civil Procedure Code (V of 1908), O.XXXIV, Rr.12 & 13---Constitution of Pakistan (1973), Art.185(3)---Sale of property subject to prior mortgage---Sale proceeds, distribution of---Principle---Property subject-matter of sale was owned by Karachi Port Trust and was leased out to -debtor---During execution of decree passed in favour of petitioner bank and against -debtor, property in question was put to auction---Dispute had arisen with regard to disbursement of the amount of sale proceeds of property in question---Validity---Legislature had expressly protected recovery 'of dues and charges payable with respect to property subject to mortgage, under provisions of O. XXXIV, R.13 C.P.C. as well as S.69 (4) of Transfer of Property Act, 1882---Dues of Karachi Port Trust were covered under provisions of S.57 of Transfer of Property Act, 1882, as the dues and charges pertaining to lease of "said property" and were to be paid out of auction proceeds before any disbursement could be made to decree-holder bank---When special provision had been made on a subject and there was also a general provision susceptible of covering the same field and matter was covered by both the provisions, the presumption would be that general provision was not intended to interfere with operation of special provision and the case would have to be dealt with under the latter provision---Lease of "said property" was due to expire and in absence of valid lease, the question of auction could not arise as no valid title to the "said property" remained to be transferred---Karachi Port Trust renewed lease as directed by High Court, so as to confer and validate title---Karachi Port Trust could not, under such circumstances be deprived of its dues while extending lease to make valid transfer of leasehold rights possible---Supreme Court declined to interfere in the order passed by High Court---Leave to appeal was refused. Mallikarjuna Sastri v. Narasimha Rao ILR 1901 Mad. 412; Oudh Commercial Bank Ltd. v. Secretary of State AIR 1935 Lah. 319(2); Mst. Nawab Bibi v. Mst. Rafiq Bano PLD…

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