Law:

Section:

Civil Petitions for Special Leave to Appeal Nos. 149 and 150 of 1971, decided on 7th January 1972. (On appeal from the and order of the High Court of Lahore, Bahawalpur Circuit, Baghdadul Jadid, dated the 25th March 1971, in Writ Petition No. 11 of 1971/BWP). Pakistan (Administration of Evacuee Property) Act (XII of 1957), S. 22-Petitioners having applied to Custodian for redemption of mortgage on assumption that mortgagees' interest had become evacuee property-Contention that this did not amount to admission of evacuee character of property-Held, not correct, since no application under S. 22 could be entertainable unless property was evacuee property-Petitioners found to have admitted in 1914 that they had lost their equity of redemption-Have no locus standi to raise question afresh. 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). In 1930 the original mortgagors died. Thereafter, in 1938, the mortgagees filed a suit against the mortgagors' heirs for possession of the disputed lands on the ground that the period during which the right to redeem the mortgage could have been exercised had expired but the mortgagors had taken forcible possession of the lands. The present petitioners at first sought to contest the suit but subsequently filed a petition admitting the claim of the mortgagee-plaintiffs. Their statements were recorded, and the suit was decreed on the basis of their admission in 1946. 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…

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