MUHAMMAD DIN AND Another vs GOVERNMENT OF PAKISTAN AND 9 Other — 1970 SCMR 94

Citation: 1970 SCMR 94

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: MUHAMMAD DIN AND Another vs GOVERNMENT OF PAKISTAN AND 9 Other

Headnotes

Case cited as 1970 SCMR 94

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Dr. Sheikh Abdul Rahman, Muhammad Yaqub Ali Khan Title: MUHAMMAD DIN AND Another vs GOVERNMENT OF PAKISTAN AND 9 Other Case No.:Civil Petition for Special Leave to Appeal No. 244 of 1967 Writ Petition No. JUDGMENT Reported As: 1970 SCMR 94 Result: Leave refused Judgment JUDGMENT HAMOODUR RAHMAN, J.-The petitioners in this case were in possession of certain lands as mortgages in the village of Phular--wan Wazirke, Tehsil Dipalpur, District Montgomery, by virtue of a mortgage executed by the original evacuee owners. The Settle--ment Authorities, however, on the 26th of June 1965, allotted these lands to the respondents Nos. 4 to 10 herein. The petitioners there upon sought to challenge the orders of the Settlement Authorities under Article 98 of the Constitution in the High Court on, inter alia, the following grounds :- (1) that the land in dispute is not evacuee property and does not form part of the compensation pool, (2) that the property, which had never been treated as evacuee property before the 1st January 1957, could not now be treated as such, (3) that the right of the mortgagor is not property but only a right to sue, and (4) that their possession could not be 'disturbed until the mortgage was redeemed. The High Court summarily dismissed the petition holding that the equity of redemption is immovable property and that the same duly vested in the Custodian as from the 24th of Decem-- ber 1947. The only…

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