Law: Punjab Redemption and Restitution of Mortgaged Lands Act, 1964

Section: 3,5

(a) Punjab Redemption and Restitution of Mortgaged Lands Act (XIX of 1964)--- ----Ss. 3 & 5---Mortgaged property, redemption of---Pre-emption decree, execution of---Objection petition was filed before the Executing Court by the original-owners/mortgagors to the extent of certain part of suit-property being mortgaged property---Executing Court accepted the objection and held that pre-emption decree was not executable to the extent of mortgaged property on the ground that said land did not lawfully belong to the vendor---Appellate Court maintained the order passed by the Executing Court---Validity--- Before independence, admittedly, mortgaged property owned by non-evacuee local Muslim owners was mortgaged to non-Muslim evacuees, which was wrongly treated as evacuee property and was allotted thereafter, and further sold by the allottee (predecessor of the objection-petitioners) to the vendor(pre-emptors/decree-holder) who, in turn, sold it to vendees that triggered the pre-emption proceedings---Only the interest to the extent of evacuees could have vested in the Custodian Authorities and the right of the predecessor-in-interest of the contesting respondents to redeem the mortgaged property always remained in field and could not have been taken away or extinguished---Where a preemptor brings a suit for pre-emption, he must ex-necessitate accept the title of the vendor as it is and it is actually on that basis that he claims his superior right of purchase---Such a pre-emptor can neither object to the defect in title of the said vendor nor claim a better title than that of his vendor---In the instant case, the title of vendor was defective inasmuch as he purchased the suit property from one to whom the mortgaged property was allotted by the Central Government on wrong premise that the mortgaged property was evacuee property , which in fact was not and later on proved to be so when the redemption was allowed---'Once a mortgage is always a mortgage and nothing but a mortgage' and, in the present case, the Muslim owners sought redemption of their property from the concerned court of Collector, in accordance with provisions of West Pakistan Redemption and Restitution…

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