MUHAMMAD NAWAZ AND 9 Others vs THE MEMBER (REVENUE), BOARD OF — 1971 SCMR 118

Citation: 1971 SCMR 118

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: MUHAMMAD NAWAZ AND 9 Others vs THE MEMBER (REVENUE), BOARD OF JUDGMENT

Headnotes

Case cited as 1971 SCMR 118

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title:MUHAMMAD NAWAZ AND 9 Others vs THE MEMBER (REVENUE), BOARD OF JUDGMENT Reported As: 1971 SCMR 118 Result: Appeal dismissed Judgment JUDGMENT MUHAMMAD YAQUB ALI, J.-The facts out of which this appeal by leave arises are by no means easily ascertainable on the present record. On some date prior to 13-3-1903 Bhai Khan, predecessor-in---interest of the respondents mortgaged 107 bighas of land in village Janiwala to one Gurdit Singh. The latter either sold or further mortgaged his rights to Malik Jehan Khan Tiwana. On 26-9-1892 Bhai Khan created a second mortgage in favour of Malik Sher Bahadur of 107 bighas of land which was either free from any encumbrance or was included in the land earlier mortgaged to Gurdit Singh. Part of consideration was left with Malik Sher Bahadur to redeem the first mortgage. On the 25th September 1902, Malik Mumtaz Khan and Malik Mubariz Khan exchanged 54 bighas of the mortgaged land with an equal area of land in village Vijh belonging to Sahib Khan and Agar Khan, the prede--cessor-in-interest of the appellants. On the death of Malik Jehan Khan, his sons Malik Mumtaz Khan and Malik Mubariz Khan succeeded to the mortgagee rights. Later on Malik Sher Bahadur died and his heirs sold one-half of the mortgagee rights to Malik Mubariz Khan and the other half to Suan Singh Kishan Singh. The latter sold away their rights to one Chandial Singh.…

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