' MIAN SAQIB NISAR, J.--- The appellant brought an application under section 30 of the House Building Finance, Corporation Act XVIII of 1952, for the delivery of possession and sale of the mortgaged property, asserting that the respondent, for the construction of the building on a plot measuring 3 Marlas, situated in Mauza Noor-eWali, Tehsil Rahimyar Khan, obtained a loan of Rs,88,000 from the appellant and he has to discharge his liability by payment Rs,1,044 per month in 24 instalments within a period of 20 years; in this behalf the respondent has also duly executed a deed of Assignment and Partnership, in favour of the appellant on 22-7-1992 but he defaulted in the payment of the monthly instalment in spite of issuance of legal notice dated 20-7-1998, which was duly served upon him, and thus, on account of the .Breach of the terms and conditions of the said mortgage deed, the appellant has become entitled to recover the entire balance of loan from the respondent, which comes to Rs,1,64,221 but the respondent did not repay the said amount constraining the appellant to file the present appliction as mentioned above. The respondent resisted the application stating therein that he has made certain payments to the appellant, which have not been adjusted in the statement of accounts, issues were framed; parties were put to trial and the learned trial Court, vide judgment and A decree dated 27-8-2001, by considering the 'receipts Exh.R.1 to Exh.R.7, came to the conclusion that an amount of Rs,19,500 has been deposited by the respondent, which was not deducted from the total outstanding and thus, after deducting the same granted a decree to the tune of Rs,1,44,721 in favour of the appellant.
2. Learned counsel for the appellant contends that the amounts deposited by the respondent, through the receipts Exh.R.1 to Exh.R.7, A have been adjusted in the statement of account.
3. I have seen the statement of account but do not find any such entry therein, therefore, the Court below has rightly reduced the suit amount and no exception thereto can be taken; this appeal thus has no merits and the same is hereby dismissed.