SUBEDAR MUHAMMAD TUFAIL MUHAMMAD DIN AND Another vs THE CHIEF — 1968 PLD 1339

Citation: 1968 PLD 1339

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: SUBEDAR MUHAMMAD TUFAIL MUHAMMAD DIN AND Another vs THE CHIEF JUDGMENT

Headnotes

Case cited as PLD 1968 Lah. 1339

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title:SUBEDAR MUHAMMAD TUFAIL MUHAMMAD DIN AND Another vs THE CHIEF JUDGMENT Reported As: 1970 SCMR 73 Result: Leave refused Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-These two petitions raise the question as to whether a mortgage of an evacuee land is entitled to remain in possession of the land until the mortgage 'has been redeemed by payment of the mortgage debt. The petitioner in Petition No. 159 of 1969 was the mortgage with possession of certain lands in village Fatehpur Kalan, Tehsil Shakargarh, District Sialkot. The amount for which the property was mortgaged was Rs. 9,135. This mortgage was ~ redeemed on the 11th April. 1961, without payment of the mortgage debt and the land was allotted to the respondents in this petition. The petitioner challenged the validity of this allotment in the High Court .By a writ petition and the High Court, following a decision of this Court in the case of Muhammad Khan and others v. The Chief Settlement and Rehabilitation Commissioner, West Pakistan and another (PLD 1962 SC 284) issued a writ directing the respondents not to dispossess the petitioner. During the pendency of the writ petition, however, the law was amended by the Displaced Persons (Land Settlement) (Second Amendment). Ordinance, 1962. This amending Ordinance provided that the allotment under any Scheme would be valid but the land, if it was before the commencement…

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