ABDUR RAHIM vs ABDUL MALAK AND OTHERS — 1971 PLD 1

Citation: 1971 PLD 1

Court: High Court of Azad Jammu and Kashmir

Year: 1970

Decision Date: 1970-12-23

Parties: ABDUR RAHIM vs ABDUL MALAK AND OTHERS

Headnotes

Case cited as PLD 1971 Azad J & K 1

Judgment Text

Court Name: High Court of Azad Jammu and Kashmir Judge(s): Khawaja Muhammad Sharif, Khawaja Muhammad Yousaf Saraf Title: ABDUR RAHIM vs ABDUL MALAK AND OTHERS Case No.: Civil Appeal No, 53 of 1969 Date of Judgment:1970-12-23 Reported As: PLD 1971 Azad J & K 1 Result: Appeal dismissed JUDGMENT JUDGMENT MUHAMMAD SHARIF, C. J.--The suit land Khasra-number 370' measuring 2 kanals 18 marias situate in village Mohrah Maikan,, Tehsil Mirpur was acquired for the construction of Mangla Oam, Reservoir. The compensation for the land was assessed at Rs, 2,924.80 in the names of Muhammad Hussain and others.- Abdur Rahim the appellant filed a reference application alleging that his lather Illam Din son of Abdur Rahman had purchased the suit land from the non-applicants- respondents for a considera tion of Rs 200 vide sale deed executed on 18th Jeth 1995 Bk. and that since then the applicant's father and after him the applicant had continued in continuous possession as an owner paying land revenue. He claimed that the land was his and that the- compensation should be paid to him. Muhammad Hussain died during the pendency of the reference and his son Abdul Malik-was brought on record. The learned District Judge by his judgment and decree dated 15-11-1968, held that the land under reference w s never sole rather it was mortgaged and that the transaction was treated as a mortgage and in his capacity as a mortgagee the applicant had been in possession. Abdur Rahim the applicant has come up…

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