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Petitioner: DR. JAGAN NATH VS Respondent: NAZIR AHMED
P
P. L. D. 1950 Lahore 89
SINGLE BENCH
Before S. A. Rahman, J
Dr. JAGAN NATH and another‑Plaintiffs‑Appellants
Versus
NAZIR AHMED and another‑Defendants‑Respondents
Civil Regular Second Appeal No. 88 of 1947, decided on 9th November 1949, from the decree of the Senior Sub‑Judge, Gurdaspur, dated 2nd August 1946.
Claim in suit: For possession as mortgagees of land.
Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949)
S. 34‑Finding of custodian regarding evacuee's interest in Property is conclusive on the point.
Mazhar Ali Azhar, for Appellants.
Syed Ali Shah, for Respondents.
JUDGMENT
The case has been returned by the Custodian with his finding that the appellants were entitled to retain possession of the suit land pending payment of the additional charges over the land created after 1901 to the extent of Rs. 399‑2. This finding of the Custodian is conclusive on the point.
This disposes of the only point raised in the appeal which must consequently be allowed. The orders passed by the Courts below are hereby set aside in consequence and the appellants put back into possession through the Custodian. In the circumstances of the case the parties will be left to bear their own costs throughout.
K. M. A. Appeal accepted.