2002 PLP 592 (CLD)
Mst. SAJIDA SULTANA and 2 others‑‑‑Appellants Versus AGRICULTURAL DEVELOPMENT BANK OF
| Citation | 2002 PLP 592 (CLD) |
| Forum / Court | Lahore |
| Bench Members | Jawwad S. Khawaja and Abdul Shakoor Paracha, JJ |
| Parties | Mst. SAJIDA SULTANA and 2 others‑‑‑Appellants Versus AGRICULTURAL DEVELOPMENT BANK OF |
| Primary Law | Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997)‑‑‑ |
Q1: What are the key laws and sections cited in 2002 PLP 592 (CLD)?
This judgment primarily cites: Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 592 (CLD)?
The case was heard and decided by the Lahore bench comprising: Jawwad S. Khawaja and Abdul Shakoor Paracha, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 592 (CLD) (Mst. SAJIDA SULTANA and 2 others‑‑‑Appellants Versus AGRICULTURAL DEVELOPMENT BANK OF). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Yaqoob Khan for Appellant.
- Qauser Javed Mian for Respondent.
- Date of hearing: 14th January, 2002.
Headnotes / Summary
‑‑‑‑Ss. 18 & 21‑‑‑Application for return of title documents after satisfaction of decree‑ ‑‑Banking Court dismissed such application on the ground that respondent‑Bank hard two other suits pending against appellants, thus, Bank was entitled to retain the title documents on account of general lien available with Bank‑‑ Validity‑‑‑General lien under law was available to a banking company only in respect of goods‑‑‑Bank was asserting an interest over title deeds, which were not goods by definition‑‑ High Court set aside impugned order, and directed the Bank to hand over the original title deeds to appellants within specified time subject to any other order, which might be passed by a competent Court.
Judgment & Decree
JAWWAD S. KHAWAJA, J.‑‑‑-This appeal impugns the order, dated 26‑4‑2001 passed by the learned Banking Court No.II, Lahore. By means of the said order an application filed by the appellants seeking return of their title documents, was dismissed. Learned counsel for the appellants contends that the mortgage created by the appellants was only in respect of those amounts which have already been paid in satisfaction of the decree obtained by the respondent‑Bank and, as such, there is no further justification for the respondent‑Bank to retain the original title deeds.
2. The learned Banking Court has, however, held that in view of the fact that respondent‑Bank has two other suits which are pending against the appellants, the Bank is entitled to retain the title documents on account of a general lien available with the respondent‑Bank.
3. The general lien under law is available to a Banking Company only in respect of goods. In the present case, the Bank is asserting an interest over title deeds which are not by definition goods. In these circumstances, we allow this appeal and set aside the impugned order, dated 26‑4‑2001 passed by the learned Banking Court No.II, Lahore. The respondent‑Bank is, however, allowed sixty days to hand over the original title deeds to the appellants, subject to any other order which may be passed by a competent Court. S.A.K./S‑353/L Appeal allowed.