' JAWWAD S. KHAWAJA, J.---This appeal impugns the order, dated 26-4-2001 passed by the learned Banking Court No,II, Lahore. By means of the said order an application filed by the appellants seeking return of their title documents, was dismissed. Learned counsel for the appellants contends that the mortgage created by the appellants was only in respect of those amounts which have already been paid in satisfaction of the decree obtained by the respondent- Bank and, as such, there is and further justification for the respondent-Bank to retain the original title deeds.
2. The learned Banking Court has, however, held that in view of the fact that respondent-Bank has two other suits which are pending against the appellants, the Bank is entitled to retain the title documents on account of a general lien available with the respondent-Bank.
3. The general lien under law is available to a Banking Company only in respect of goods. In the present case, the Bank is asserting an interest over title deeds which are not by definition goods. In these circumstances, we allow this appeal and set aside the impugned order, dated 26-4-2001 passed by the learned Banking Court No,II, Lahore. The respondent-Bank is, however, allowed sixty days to hand over the original title deeds to the appellants, subject to any other order which may be passed by a competent Court.