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1989 SCMR 465

FALAK SHER and others vs KHUDA BAKHSH and others

Petitioner: FALAK SHER and others VS Respondent: KHUDA BAKHSH and others

Court: Supreme Court of Pakistan Decision Date: 1988-10-16

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Ali Hussain Qazilbash Title: FALAK SHER and others vs KHUDA BAKHSH and others Case No.: Civil Petition No,344-R of 1988 Date of Judgment:1988-10-16 Reported As: 1989 SCMR 465 Result: Petition dismissed

Judgment ORDER ' ALI HUSSAIN QAZILBASH, J.--This is a petition for leave to appeal against the judgment of a learned Single Judge of the Lahore High Court, dated 13-6-1988. 2. The respondents' predecessor-in-interest had mortgaged certain lands through mutation attested on 29-8-1923 at the hands of the predecessor-ininterest of the petitioners. On 21-11-1983 the respondents moved an application before the Collector, Shahpur, for redemption of the mortgage. This application was rejected on 28-4-1984 holding that the same was barred by time. The appeal of the respondents was also dismissed by the Additional Commissioner (Revenue) on 31-10-1984. On being approached, the learned Member, Board of Revenue, Punjab, accepted the revision petition of the respondents and allowed the redemption. The writ petition of the petitioners has also been dismissed through the impugned order. 3. We have heard the learned counsel for the petitioners and have gone through the orders of the Board of Revenue and that of the learned Single Judge and are of the view that the orders impugned before us are unexceptionable in that it has rightly been held that the application for redemption was in time. 4. Finding no force the petition is dismissed.

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