2012 CLD 1957 KARACHI-HIGH-COURT-SINDH

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Mst. PATHANI VS HABIB BANK LIMITED Eviction of tenant--TERM , Financial Institutions (Recovery of Finances) Ordinance 2001--15 , Financial Institutions (Recovery of Finances) Ordinance 2001--22 , Ss. 15 & 22---Sale of mortgaged property---eviction of tenant---Banking Court, powers of---Appellant resisted execution of decree on the plea that she was bona fide tenant in mortgaged property and could only be evicted by Rent Controller---Validity---Specific powers had been given to Banking Court for eviction of tenants from mortgaged properties, as Financial Institutions (Recovery of Finances) Ordinance, 2001, was a special law, provided lease was bona fide---Appellant who was not a tenant in respect of mortgaged property and her alleged claim of tenancy was not bona fide, was not entitled to seek protection under proviso to S.15(3) of Financial Institutions (Recovery of Finances) Ordinance, 2001---High Court declined to interfere in execution proceedings and Banking Court had rightly dismissed application filed by appellant---Appeal was dismissed in circumstances.