FAQIRIA ADAT vs CUSTODIAN, WEST PAKISTAN, LAHORE ETC. CUSTODIAN, — 1972 SCMR 482

Citation: 1972 SCMR 482

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: FAQIRIA ADAT vs CUSTODIAN, WEST PAKISTAN, LAHORE ETC. CUSTODIAN, JUDGMENT

Headnotes

Case cited as 1972 SCMR 482

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): N/A Title:FAQIRIA ADAT vs CUSTODIAN, WEST PAKISTAN, LAHORE ETC. CUSTODIAN, JUDGMENT Reported As: 1972 SCMR 482 Result: Petitions dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The ancestors of the petitioners in both these petitions, who were Muslims, mortgaged large tracts of land in Goth Dargahi, in Rahimyarkhan District, with the ancestors of Tara Chand and Phagan Mall in the year 1854, on conditions which were described as `Opat Khatopat' (simple mortgage with a right to the mortgagee to recover the money advanced along with interest from the income of the land). The decree-holder, it is claimed, thereafter also obtained possession of the lands in execution of the decree, but this is denied by the petitioners who claim that their ancestors and after them they themselves had continued in possession of these lands. After the setting up of the Dominion of Pakistan, the Hindu mortgagees migrated to India and in 1959 the present petitioners filed applications under section 22 of the Administration of Evacuee Property Act (XII of 1957) before the Deputy Custodian for the redemption of the mortgages. The Deputy Custodian, by his order of the 1st of December 1959, permitted them to do so and mutations were entered in accordance with the order of the Deputy Custodian. Thereafter, the Enforcement Staff applied to the Custodian to revise the above order on the ground that the petitioners, having lost their right to redeem the…

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