ABDULLAH vs THE CUSTODIAN OF EVACUEE PROPERTY, WEST PAKISTAN, — 1972 SCMR 661

Citation: 1972 SCMR 661

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: ABDULLAH vs THE CUSTODIAN OF EVACUEE PROPERTY, WEST PAKISTAN, JUDGMENT

Headnotes

Case cited as 1972 SCMR 661

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sheikh Anwarul Haq Title:ABDULLAH vs THE CUSTODIAN OF EVACUEE PROPERTY, WEST PAKISTAN, JUDGMENT Reported As: 1972 SCMR 661 Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner and one Rehmat--ullah, the predecessor-in-interest of respondents Nos. 11 to 15, held an occupancy tenancy of 54 kanats and 2 marlas of land, bearing Khasra Numbers 3756/1312, 3757/1312, 3758/1309 to 1311, 3605/1322 and 3759/1309, in village Salhad, Tehsil Abbottabad, District Hazara. Out of this, they mortgaged with possession 19 kanals and 4-- marlas with two Hindus, namely. Ganga Ram and Ram Saran, for a sum of Rs. 3,200, for a period of 18 years, under a registered deed dated 3-7-1930. Mutation of this mortgage ways sanctioned on 6-8-1930, but the name of Lakshmi Das, a previous mortgagee, who had relinquished his mortgage rights, continued to be recorded in the revenue papers instead of those of the new mortgagees. This was corrected by another mutation sanctioned on 18-11-32. The balance of the property measuring 34 kanals 171 marlas was again mortgaged with possession for a sum of Rs. 5,000 for a period of 20 years with the same mortgagees, namely, Ganga Ram and Ram Saran, in pursuance of a registered deed dated 1 2-12-1934. This mortgage was entered in the revenue records by Mutation No. 6153 sanctioned on 18-12-34. Thereafter, the occupancy tenants sold also the equity of redemption in respect of…

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