KHAIRATI AND Others vs ALEEMUDDIN AND Another Case No — 1972 SCMR 415

Citation: 1972 SCMR 415

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: KHAIRATI AND Others vs ALEEMUDDIN AND Another

Headnotes

Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The dispute in this case relates to an evacuee property situated at Dera Ghazi Khan.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sheikh Anwarul Haq Title: KHAIRATI AND Others vs ALEEMUDDIN AND Another Case No.:Regular Second Appeal No. 655 of 1970 Petition for Special Leaves to JUDGMENT Reported As: 1972 SCMR 415 Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The dispute in this case relates to an evacuee property situated at Dera Ghazi Khan. It was transferred to one Dinu in January 1960. Thereafter, the said Dinu, on the 8th of December 1960, executed a deed described as a mortgage deed for Rs. 5,578. In this deed, there was a recital to the effect that Dinu had realised the full consideration for the property and that he would get the sale deed executed and registered on getting full rights. It was further stipulated that, if the mortgagor did not get the house redeemed within a period of four years, the mortgagee would become full owner. Dinu, unfortunately, died on the 4th of November 1962, before the P. T.' D. Could be issued in his favour. The P. T. D. Was subsequently issued in his name on the 5th December 1962. The respondents-mortgagees thereupon, on the 13th of May 1968, filed a suit for specific performance against the heirs of Dinu, and alternatively prayed that if it was found that title had not passed to them, then a mortgage decree for Rs. 12,500 should be passed in their favour. The suit was, ' however, valued only for the amount shown in the deed as the mortgage money. The defendants, who are the…

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