2012 CLD 1957 KARACHI-HIGH-COURT-SINDH

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Mst. PATHANI VS HABIB BANK LIMITED Financial Institutions (Recovery of Finances) Ordinance 2001--15 , Pre-conditions--Term , S. 15(6) proviso---Sale of mortgaged property---Tenant, eviction of--- Protection--- Pre-conditions--- Protection provided under proviso to S.15(6) of Financial Institutions (Recovery of Finances) Ordinance, 2001, is available only to such person who is in occupation of mortgaged property or any part thereof under a bona fide lease and such protection is available till expiry of period of lease---Pre-requisite for seeking protection by a person under proviso to S.15(6) of Financial Institutions (Recovery of Finances) Ordinance, 2001, is to show that there is a bona fide lease in his/her favour and burden to show the same lies exclusively upon such person.