| Citation(s) |
|---|
| 2001 SLG 2281 2001 SLD 2281 2001 CLC 4 |
Board of Revenue, Punjab
R. O. R. No. 110 of 1993, decision dated: 24-10-2000
SHAHZAD HASSAN PERVEZ, MEMBER (JUDICIALI)
Mian Sher Alain for Petitioners. Ch. Muhammad Ahsan for
Respondents
R. O. R. No. 110 of 1993, decision dated: 24-10-2000
SHAHZAD HASSAN PERVEZ, MEMBER (JUDICIALI)
Mian Sher Alain for Petitioners. Ch. Muhammad Ahsan for
Respondents
FEROZE SHAH through Legal Heirs and others
VS
SADIQ HUSSAIN SHAH and others
Law:
Section:
West Pakistan Redemption and Restitution of Mortgaged Lands Act (XIX of 1964)-------Ss. 10 & 15---Redemption of mortgaged property---One-fourth share of land comprising of four Khasra numbers which was under usufructuary mortgage of petitioners was ordered to be redeemed---Respondents filed application for restitution of said land and on their application Collector issued warrant of possession wherein possession of one Khasra number was ordered to be delivered to respondents---Warrant of possession not being in conformity with earlier order of redemption by Collector, petitioners filed application to the effect that land described in warrant of possession being not in line with earlier decision of Collector, same could be corrected which was done by the Collector accordingly---Subsequent order passed by Collector was merely to implement earlier decision and being procedural in nature, permission from next higher Authority for review of the order was not required. PLD 1987 Lah. 537; PLD 1957 Lah. 70; PLD 1975 SC 331 and 1992 CLC 1349 ref. ORDER Sadiq Hussain Shah, etc. submitted an application for restitution of land under usufructuary mortgage of Feroze Shah, etc. to A.C./Collector. The land was ordered to be redeemed vide order of A.C./Collector, dated 5th February, 1989. Late Sadiq Hussain Shah submitted a petition for possession of the redeemed land. In the petition, the area and description of the land (Khasra numbers) to be redeemed were as under:------ "Land measuring 2 Kanals, 13 Marlas, 1/4th share of land measuring 10 Kanals, 12 Marlas, No. Khewat and Khatauni 330/951, 950, 998, Khasra Nos.1865/426, 1866/426, 1863/426, 1864/426, situated in village Dhunni." 2. After framing of the issues, the application was allowed and mortgaged land was ordered to be redeemed. Warrant of possession, however, was issued vide order of A.C./Collector on 25th November, 1991 wherein possession of Khasra No.1863/426 was ordered to be delivered to Sadiq Hussain Shah, etc. 3. Feroze Shah, etc. submitted an application to A.C./Collector that order, dated 25th November, 1991 whereby the warrant of possession in respect of Khasra No.1863/426 was issued needed amendment by…
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