' JAWWAD S. KHAWAJA, J.---This appeal impugns the order, dated 8-5-2001, whereby an application moved by the appellants-judgment-debtors under Order XXI. Rule 89. C.P.C. Was dismissed by the learned Banking Court No,II, Lahore.
2. The facts of this case are straightforward. The respondent-Bank obtained a decree for a sum of Rs,22,12,374 on 11-11-1998 from the learned Banking Court No, II, Lahore. In execution of the decree, the Bank applied for the attachment and sale of property measuring 3 Kanals, 6 Marlas of land which allegedly had been mortgaged by Mst. Hamidan Bibi, one of the appellants judgment- debtors in favour of the respondent-Bank.
3. We have gone through the original record and note that there is one Fard Taliqa at Page No,101 filed by the Bank, which does not give any particulars/description of the property required to be attached. Another Fard Taliqa, however, at Page No,131 of the record seeks the attachment of 3 Kanals. 6 Marlas of land. The learned Executing Court attached the property vide order, dated 27- 10-1999. The attachment order was confined to the property mentioned in Fard Taliqa. As noted above, the Fard Taliqa only mentions 3 Kanals, 6 Marlas of land as the property required to be attached.
4. Learned counsel for the respondent-Bank has stated that the aforesaid 3 Kanals, 6 Marlas of land was mortgaged while Mst. Hameedan Bibi, mortgagor, was owner of a total area of 7 Kanals.
He, therefore, states that the auction was effected for the entire area of 7 Kanals.
5. We have seen the proclamations of sale, which are not consistent with the Court order. We also note that in bold type at the top the property meant to be auctioned is shown as 3 Kanals, 6 Marlas.
Only at a later point in the proclamation it has been stated that the total area is 7 Kanals. There is no warrant of attachment for 7 Kanals nor is there any order of the Executing Court attaching 7 Kanals of land.
6. In the above circumstances, we are not in the slightest doubt that the auction, which was held on 6-11-2000, suffers from material illegality. It, therefore. Cannot be sustained. The appellants are willing to pay the bid amount of Rs,26,05,000 plus 5%. If the said amount is deposited in the Executing Court within a period of two weeks from today, the auction, dated 6-11-2000 and the sale certificate dated 17-1-2001 issued pursuant thereto shall stand set aside. If the amount is deposited as aforesaid, the bid amount of Rs,26,05,000 plus 5% so deposited shall be paid to the auction- purchaser. If however, the aforesaid sums are not paid in Court within the two weeks period allowed to the appellants, the auction and sale certificate in favour of the auction-purchaser shall stand confirmed.
The appeal is disposed of in the above terms.