GHAZI AND 8 OTHERS vs Mst. NIGHAT ARA BEGUM AND 38 OTHERS — 1971 PLD 825

Citation: 1971 PLD 825

Court: Lahore High Court

Year: 1971

Decision Date: 1971-03-19

Parties: GHAZI AND 8 OTHERS vs Mst. NIGHAT ARA BEGUM AND 38 OTHERS

Headnotes

Case cited as PLD 1971 Lahore 825

Judgment Text

Court Name: Lahore High Court Judge(s): Sardar Muhammad Iqbal, M. S. H. Qureshi Title: GHAZI AND 8 OTHERS vs Mst. NIGHAT ARA BEGUM AND 38 OTHERS Case No.: Writ Petition No, 700 of 1970 Date of Judgment:1971-03-19 Reported As: PLD 1971 Lahore 825 Result: Order accordingly JUDGMENT JUDGMENT M. S. H. QUESHI, J.--The petitioners as well respondents Nos, 9 to 39 are local Muslims. Their predecessor-in-interest had mortgaged with possession, the agricultural land in question measuring 242 kanals 10 marlas comprising Khewat No, 94 of jamabandi for the year 1957-58 of village Sherowana, Tehsil and District Jhang, to Tulsi Das and other Hindus for Rs, 90 in 1870. Respondents 3 to 8 who were the successors of the mortgagees at the time of the Partition, became evacuee. Ghazi and other mortgagors moved an application on 22-8-1960 for the restitution of the property under the Punjab Restitution of Mortgage Lands Act, 1938 (later repealed and substituted by West Pakistan Redemption and Restitution of Mortgage Lands Act, 1964). The application was ultimately allowed on 21-11-1967 by the Revenue Officer, Jhang exercising the powers of Collector, subject to the Mortgagors' depositing within two months the sum of Rs, 85.31 as compensation money. Mst. Nighat Ara Begum (respondent No, 1) to whom the land in question had been allotted by the settlement authorities under the D. P. (Land Settlement) Act, preferred an appeal before the Additional Commissioner (Revenue), Sargodha Division which…

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