SULEMAN AND 3 OTHERS vs CUSTODIAN, EVACUEE PROPERTY, WEST PAKISTAN, — 1963 PLD 189

Citation: 1963 PLD 189

Court: Lahore High Court

Year: 1970

Decision Date: 1970-12-31

Parties: SULEMAN AND 3 OTHERS vs CUSTODIAN, EVACUEE PROPERTY, WEST PAKISTAN, JUDGMENT

Headnotes

Case cited as PLD 1963 Lah. 189

Judgment Text

Court Name: Lahore High Court Judge(s): Sheikh Anwarul Haq Title:SULEMAN AND 3 OTHERS vs CUSTODIAN, EVACUEE PROPERTY, WEST PAKISTAN, JUDGMENT Reported As: PLD 1971 Lahore 77 Result: Petition dismissed Judgment JUDGMENT This petition under Article 98 of the Constitution seeks to challenge the correctness and legality of an order made by the learned Custodian of Evacuee Property, West Pakistan, on the 5th of December 1962, holding that the property in dispute, namely, agricultural land measuring 75 Kanals and situate in Village Bonga Khan Singh in Tehsil Dipalpur of District Sahiwal, is evacuee property and the petitioners are only entitled to remain in possession until the mortgage amount of Rs, 250 is paid to them by the Deputy Rehabilitation Commissioner, Sahiwal. The relevant facts are that the land was mortgaged by the non Muslim owner with the predecessor-in-interest of the present petitioners by means of a registered mortgage deed dated the 18th of April 1888. The terms of the mortgage included a condition that the land would be redeemed within seven years, but if it is not so redeemed then it shall stand sold to the mortgagee, and thereafter the mortgagor shall have no connection whatsoever with this property. It is stated that the mortgagee entered into possession simultaneously with the execution of the mortgage deed, and he and his successors have remained in continuous possession up-to-date. However, in the year 1959 the land was allotted to certain displaced…

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