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Initializing Secure Chambers
Petitioner: ALLAH WASAYA and others VS Respondent: PROVINCE OF PUNJAB through Executive District Officer (Revenue), Vehari and others
Court Name: Supreme Court of Pakistan Judge(s): Faqir Muhammad Khokhar, Tasaddaq Hussain Jillani Title:ALLAH WASAYA and others vs PROVINCE OF PUNJAB through Executive
District Officer (Revenue), Vehari and others Case No.: Civil Petition No,1632-L of 2003 Date of Judgment:2004-08-03 Reported As: 2008 SCMR 665 Result: Leave granted Judgment ORDER ' FAQIR MUHAMMAD KHOKHAR, J.--- The petitioners seek leave to appeal from judgment, dated 28- 3-2003 passed by the Lahore High Court, Multan Bench, in Civil Revision No,505 of 1993. 2. The learned counsel for the petitioners contended, inter alia, that:-- (i) A property mortgaged by a Muslim non-evacuee with a non-Muslim evacuee by way of usufructory mortgage could not be allotted by the Settlement Authorities to a displaced person in view of the law laid down in the cases of Samar Gul v. Central Government and others PLD 1986 SC 35; M.A. Hafeez Khan and 9 others v. Riaz Ahmad Mehra and 3 others 1983 SCMR 863 and Muhammad Khan and others v. The Chief Settlement and Rehabilitation Commissioner, West Pakistan PLD 1962 SC 284. (ii) The petitioners had a right to redeem the property mortgaged by their predecessor-in-interest by making payment of the mortgage money in the light of the instructions contained in letters dated 28-8-1959, 8-9-1959 and 17-11-1959 of Custodian of Evacuee Properties as well as the Settlement and Rehabilitation Department. (iii) The property in dispute having not been made a part of the Compensation Pool before the cut off date i.e, 1-1-1957 could not be treated to be evacuee property for the first time in the year 1971. 3. Leave is granted to consider, amongst others, the above-contentions.