' This Constitutional petition is directed against the auction proceedings of the disputed property for the recovery of interest/compound interest on the loan obtained by one Abdul Hameed son of Allah Bakhsh, deceased.
2. Briefly stated, the facts as given by Niaz Ahmed, Assistant Registrar, are that Abdul Hameed deceased obtained some loan from the bank. It is admitted before me that the principal amount has been paid by the deceased and a sum of Rs,61,000 on account of interest/compound interest is due from him. On failure to pay the aforementioned interest, the respondent-Bank attached the disputed property and thereafter issued a proclamation for auction thereof which appeared in the issue, `Nawa-i-Waqt dated 5-2-1976. This action of the respondents has been challenged in this writ petition.
3. It is admitted by Mr. Sadiq Hayat Lodhi, learned counsel appearing on behalf of the respondent- Bank that the issue regarding the payment of interest is pending disposal before the Hon'ble Supreme Court and the same has not so far been decided. This is one aspect of the case.
4. So far auction of the disputed property is concerned, I find from the Register of Assessment relating to the year 1967-68 produced by Niaz Ahmed, Assistant. Registrar, that House No, 9 sought to be auctioned by the respondents is not owned by Abdul Hameed alone but there are also eight other sharers in this property and there is no material on the record to show that the aforementioned property either privately or through Court or otherwise, has been partitioned. The action of the respondents for initiating auction proceedings of the disputed house is, therefore, manifestly without lawful authority and of no legal effect.
5. Learned counsel for the respondents on the instructions of Niaz Ahmed, Assistant Registrar states that the respondent-Bank will find out some other property of Abdul Hameed deceased exclusively owned by him for the purpose of effecting the recovery. They can do so in accordance with law. So far as ,the present writ petition is concerned, challenge has been made to the auction proceedings of the disputed property which for the reasons stated above, cannot be done.
6. The petitioners are represented by Mr. Ehsanul Haq Bhalli, Advocate whose name does not appear in the cause list for today. However, the case has been disposed of in the absence.