Mst. ZAMRO JAN AND 5 Others vs FATEH KHAN AND 4 Other — 1971 SCMR 385

Citation: 1971 SCMR 385

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-04-14

Parties: Mst. ZAMRO JAN AND 5 Others vs FATEH KHAN AND 4 Other

Headnotes

Case cited as 1971 SCMR 385

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title: Mst. ZAMRO JAN AND 5 Others vs FATEH KHAN AND 4 Other Case No.:Civil Petitions for Special Leave to Appeal Nos. 56-P and 57-P of 1970 L. P. As. Nos. 9 and 10 of 1966 Date of Judgment:1971-04-14 Reported As: 1971 SCMR 385 Result: Leave refused Judgment ORDER WAHIDUDDIN AHMAD, J.-This order will dispose of Civil Petition No. 56-P of 1970 and Civil Petition No. 57-P of 1970, in which a common question of law is involved. In Civil Petition No. 56-P of 1970, the property in dispute is Khasra No. 4370 measuring 16 marlas of land situated in village Topi, Tehsil Swabi, District Mardan. It was owned by Akhtar, Faqir and Masam. This land was mortgaged by them to one Bhagat for Rs. 62 vide Mutation No. 650/1126, attested on the 24th August 1895. Bhagat died and his mortgagee rights were inherited by his son Param alias Harian and on his death his rights were inherited by his sons Gordatta Mal and Harichand. On the 10th June 1931, Gordatta Mal and Harichand mortgaged their mortgagee rights in the above Khasra numbers, along with some other Khasra numbers, to Habib Shah. Mst. Zamro Jan petitioner is the successor-in-interest of Habib Shah. Fateh Khan respondent No. 1 is the successor- in-interest of Akbar and others the original owners. In Civil Petition No. 57-P of 1970, the property in dispute is Khasra No. 4371, situated in village Topi, District Mardan, It was owned by Hayat Mir and Mohammad…

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