' This appeal under section 30(10) of House Building Finance Corporation Act, 1952 is directed against order, dated 11-3-1992 passed by learned District Judge, Jhang through which it has been decided that an amount of Rs,1,92,833.26 is outstanding against the appellant on account of loan which he obtained from the respondent. It has also been held that the said amount includes the principal amount which was taken by the appellant as loan as also the interest which is payable by the appellant on the said amount.
2. The only ground urged by the learned counsel for the appellant is that the Federal Shariat Court has declared the relevant provisions of the House Building Finance Corporation Act, 1952 relating to recovery of interest on the loan advanced by the Corporation repugnant to the injunctions of Islam therefore, no amount is recoverable from the appellant on account of interest as such the same was not due from him.
3. Learned counsel for the respondent submitted that the appeal has been filed before the Shariat Appellate Bench of the Supreme Court against the said judgment of Federal Shariat Court as such the operation of the same by virtue of the provisions of the Constitution stands suspended.
4. Learned counsel for the appellant submitted that this appeal may be kept pending till the decision of the case by the Shariat Appellate Bench of the Supreme Court. Since there is no dispute about the quantum of the amount due to the appellant on account of the principal amount of loan as also the interest therefore the order under appeal does not suffer from any illegality. The appeal cannot be kept pending for awaiting the decision of some other case and the remedy of the appellant, if any, is to approach the Federal Shariat Court or the Shariat Appellate Bench of the Supreme Court for obtaining stay order against the recovery if he so likes.
5. It may however be observed that in case the Shariat Appellate Bench of the Supreme Court upholds the judgment of the Federal Shariat Court, the same would be applicable to the appellant as per its terms and the appellant may claim the refund of the amount as the case may be.
6. The appeal has no merits which is accordingly dismissed with no order as to costs.