ORDER SHEET

IN THE HIGH 12COURT OF SINDH AT KARACHI

C.P No. D-3469 of 2010.

 

1.   For order on office objection No.1.

2.   For Katcha Peshi.

2.   For hearing of M.A No. 13881/2010.

 

19-04-2012

Mr. Shafiq Ahmed advocate for petitioner.

Ms. Naheed A. Shahid advocate for respondents No.2 and 3.

Mr. Murtaza Wahab, advocate.

Mr. Ahmed Pirzada, advocate.

-.-.-.-.-.-.-.-.

           Case of the petitioner is that he mortgaged the property bearing No. 27-C, Rahat Lane 3, Phase 6, D.H.A Karachi as surety for the finance availed by him from respondent No.2. However the respondent No.2 has issued a letter dated 27.03.2008 to the Sub-Registrar-I Clifton Town Karachi (respondent No.1) blaming that 9 properties listed in the letter have been purchased by the petitioner from the financial facilities extended to him by the respondent No.2, therefore, transfer of these properties may not be accepted unless respondent No.2 gives its no objection.

Grievance of the petitioner is that he mortgaged only one property i.e. 27-C, Rahat Lane 3, Phase 6, D.H.A Karachi but when he sought for registration of sale deed for other 9 properties, Sub Registrar-I, Clifton Town Karachi refused to register these properties without any lawful ground.

Case of the respondent No.2 on the other hand, is that Morabaha transaction were extended to the petitioner for these 9 properties and petitioner unless repays the entire amount of finance, these 9 properties can not be sold.

It is also the case of the petitioner that though the advances were extended to the petitioner and these 9 properties were purchased after the finance was extended by the respondent No.2 but the finances that were involved in the purchase of these 9 properties is not the same that was extended to the petitioner, therefore, these properties are not part of the Morhaba Transaction.

           The respondent No.2 has filed certain documents showing that all these properties are the outcome of Morhaba transactions but the petitioner has denied this fact and states that separate criminal proceedings have been initiated as all these documents said to be of Morhaba transactions are forged and fabricated.

The details of these 9 properties are as under:-

1.   Shop No.1 on Plot No.25 Rahat Lane 3, Phase-VI DHA Karachi

2.   Flat No. 1 & 2 on First Floor Plot No. 25-C, Rahat Lane 3, Phase-VI, DHA Karachi.

3.   Shop No.2 Plot No.28-C Rahat Lane 2, Phase VI, DHA Karachi.

4.   Shop No.1 Plot No.28-C Rahat Lane , Phase VI, DHA Karachi.

5.   Shop No.2 Plot No. 25-C, Rahat Lane No.3, Phase VI, DHA Karahci.

6.   Shop No.3 Plot No.28-C Rahat Lane 2 Phase-VI, DHA Karachi.

7.   Lower Ground Plot No.25-C, Rahat Lane 3, Phase VI, DHA Karachi.

8.   Shop No.3, Plot No.25-C, Rahat Lane 3, Phase-VI, DHA Karachi.

9.   Plot No. 5-C, Nishat Lane 3, Phase-VI, DHA Karachi.

It is evident that the dispute pertains to financial transaction, jurisdiction of which lies with the Banking Court. A part from this, Banking Court in a banking suit bearing Suit No. B-22/2009 has passed restraint order against the petitioner from selling these 9 properties. In view of the fact that resort to Banking jurisdiction has already been taken by the respondent No.2 and the petitioner has also filed the Suit No.B-56/2009 in the Banking jurisdiction, wherein the letter written to Sub Registrar has been impugned. This Court finds no any justification or interference. Hence, this petition is dismissed.

                                       JUDGE

             

                       JUDGE

Abdul Salam/P.A