Law:

Section:

Pakistan (Administration of Evacuee Property) Act (XII of 1957), S. 22-Muslim mortgaging property to Hindu in 1854­Right to redeem property lost ; in 1914, mortgagee suing for possession thereafter and obtaining decree in 1946-Hindu migrating to India and heirs of mortgagor filing application under S. 22 for redemption of mortgage-Held, mortgagor having lost right to redeem mortgage application for redemption rightly refused-Mortgagor if he had continued in possession after losing right of redemption could well resist eviction on ground of adverse possession but having admitted property to be evacuee in application under S. 22, could not plead that property was not evacuee. Sh. Ghias Muhammad, Senior Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioners. Nemo for Respondent. Date of hearing : 7th January 1972. 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, 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…

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