| Citation(s) |
|---|
| 2005 SLG 1816 2005 SLD 1816 = 2005 PLD 119 |
Lahore High Court
Writ Petition No. 867-Rev. of 1996, decided on 30th April,2004. DATE of hearing: 28th April, 2004
IJAZ AHMAD CHAUDHRY, J
Mirza Manzoor Ahmad for Petitioners. Syed Hashmat Hussain Naqvi for A.A.G. Zafarullah Khan Khakwani for private
Respondents
Writ Petition No. 867-Rev. of 1996, decided on 30th April,2004. DATE of hearing: 28th April, 2004
IJAZ AHMAD CHAUDHRY, J
Mirza Manzoor Ahmad for Petitioners. Syed Hashmat Hussain Naqvi for A.A.G. Zafarullah Khan Khakwani for private
Respondents
GHULAM MUHAMMAD and 3 othersVsMEMBER, BOARD OF REVENUE PUNJAB, Lahore and 16 others
Law: West Pakistan Redemption and Restitution of Mortgaged Lands Act, 1964
Section: 3
Law: Limitation Act, 1908
Section: 13 & 19 & Art. 148
Law: Constitution of Pakistan, 1973
Section: 199
West Pakistan Redemption and Restitution of Mortgages Act (XIX of 1964)-------S. 3---Limitation Act (IX of 1908), Ss. 13 & 19 & Art. 148--�Constitution of Pakistan (1973), Art. 199---Constitutional petition--�Limitation---Equity of redemption--- Acknowledgement---Muslim mortgagors mortgaged property in favour of non-muslim mortgagees on 27-7-1895---Non-muslims migrated from Pakistan to India---Mortgage rights were mutated in the name of Central Government---Application for redemption moved on 31-3-1990 was dismissed by the Collector on the ground of bar of limitation---Appellate Authority by setting aside the order of Collector redeemed the mortgage--- Such order was set aside by the Board of Revenue---Validity---Non-Muslim mortgagees had left Pakistan and limitation had stopped to run in 1947---Evacuee interest was allotted to the private respondents in 1965-66---Entries in "Jamabandi" on the basis of mutation were to be considered acknowledgement--�Central Government was shown to be mortgagee in Revenue Record in 1969---On, acknowledgement fresh period of limitation started running--�Application for redemption was well within 60 years---Order passed by the authority being against the principles of law was set aside and that of Appellate Court was restored.Samar Gul's case PLD 1986 SC 35; Bani Begum's case PLD 2003 SC 235; Allah Ditta and others v. Sardar Khan and others PLD 1997 Lah. 716; Muhammad Shafi v. Ghulam Qadir and others PLD 1978 Lah. 71 and Suleman and 3 others v. Custodian, Evacuee Property, West Pakistan, Lahore and 2 others 13LD 1971 Lah. 77 quoted.JUDGMENT Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, the petitioners challenge the order dated 30-11-1995 passed by Member Board of Revenue being illegal and of no legal effect whereby the review petition filed by respondents has been accepted. 2. Brief facts of the case are that one Gulan son of Bakhat Ali, predecessor-in-interest of the petitioners mortgaged his property measuring 94 Kanals and 7 Marlas situate in Mauza Bait Alam Khan, Tehsil & District Dear Ghazi Khan with non-muslims, namely, Odu Das and Budhu sons of…