| Citation(s) |
|---|
| 1974 SLG 151 1974 SLD 151 1974 SCMR 211 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 96 of 1973, decision dated: 8th October 1973.(On appeal from the judgment and order of the Lahore High Court, Lahore, dated the 10th January 1973, in Writ Petition No. 294-R of 1972)
HAMOODUR RAHMAN, C.J. AND MUHAMMAD GUL, J
Muhammad Ilyas Khan, Advocate Supreme Court instructed by Ch. M. Z. Khalil, Advocate-on-Record for Petitioners. Nemo for
Respondents.
Civil Petition for Special Leave to Appeal No. 96 of 1973, decision dated: 8th October 1973.(On appeal from the judgment and order of the Lahore High Court, Lahore, dated the 10th January 1973, in Writ Petition No. 294-R of 1972)
HAMOODUR RAHMAN, C.J. AND MUHAMMAD GUL, J
Muhammad Ilyas Khan, Advocate Supreme Court instructed by Ch. M. Z. Khalil, Advocate-on-Record for Petitioners. Nemo for
Respondents.
ABDUL AZIZ AND another
VS
FAZAL MUHAMMAD AND OTHERS
Law:
Section:
Constitution of Pakistan (1972)---- Art. 186(3)-Entitlement of petitioners finally determined by Settlement authority and, such order not challenged any further Question could not be agitated over again-Petitioners also not parties to proceedings could have no locus stand to challenge orders passed in such proceedings. JUDGMENT HAMOODUR RAHMAN C. J.-The dispute in this case relates to property No. P/5, Block No. A, Samundari, Distt. Lyallpur. It belonged to a non Muslim evacuee v ho had mortgaged the same in 1944 with possession to the petitioners herein as security for the loan of a sum of Rs. 1,000. After August 1947, the Hindu owners migrated to India without redeeming the mortgage. The mortgagees, however, who were in possession, kept quiet and continued to treat the property as their own without disclosing that the equity of redemption did not belong to them or that it had become evacuee property. Even after the coming into force of the Pakistan (Administration of Evacuee Property) Ordinance, 1949, the petitioners did not approach the Custodian for a declaration that they were only mortgagees in possession of the property. Even under Martial Law Regulation No. 49 they did not disclose that the equity of redemption was an evacuee interest. It was in this state of affairs that the first two respondents herein, after the coming into force of the Administration of Evacuee Property Act, 1957, complained to the Chief Settlement Commissioner that the petitioners were in possession of Hindu evacuee property and claimed its transfer as informants. An investigation was started on the basis of this complaint and ultimately on the 20th of November 1911, the Settlement Commissioner authorised the Deputy Settlement Commissioner to transfer the property to the informers in accordance with the Notification No. SRO 834 (K)/61 dated 1-9-61 and to recover from the mortgagees the rent realised by them during the past years from tenants inducted into the premises by them. In spite of this order no action was taken until April 166, when the respondents again moved the Deputy Settlement Commissioner for the transfer of the property. The order was passed on the 8th of April…
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