' UMAR ATA BANDIAL, J.--- This appeal is filed against the decision of the learned District Judge, dated 9-4-1997 whereby an application under section 30 of the House Building Finance Corporation Act, 1952 ("Act") filed by the appellant was decreed to the extent of principal amount of finance/investment advanced to the respondent.
2. Learned counsel for the appellant submits that an additional amount of Rs,9,970 should also have been decreed in respect of rental share due to the appellant-Corporation on its investment made in the immovable property of the respondent. He submits that this rental share represent the mark-up obligation of the respondent.
3. Learned lower Court has arrived at the conclusion that the appellant is in default of its obligation provided agreed amount of finance to the respondent. Being in breach its own obligation the appellant is not at liberty to enforce the agreement against the respondent. Be that as it may, the principal amount has been decreed for payment by the respondent.
4. Learned counsel for the appellant has assailed that finding. He was invited to show any document on record whereby the appellant was vested with the authority to terminate the finance agreement with the respondent. He relied on section 29 of the Act and submits that the said legal provision has been incorporated in the mortgage deed signed by the respondent. However, he candidly concedes that the said mortgage deed was never exhibited on record. As such contractual arrangement with the respondent as proved on record does not contain any power of the appellant to prematurely terminate the financial agreement. Therefore, the view taken by the learned lower Court has rightly disallowed rental share/mark-up because the appellant could not justify its entitlement notwithstanding default to complete its obligation under the financial agreement with the respondent.
5. In the circumstances, no grounds to interfere with the impugned order by the learned lower Court are disclosed which is accordingly affirmed. However, in the light of the fact this is an old case. Learned counsel for the respondent acknowledges the respondent's obligation to pay the principal amount forthwith and undertakes to discharge the same within one month. .