Law: West Pakistan Redemption and Restitution of Mortgaged Lands Act, 1964

Section: XIX,3,17

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Redemption and Restitution of Mortgaged Lands Act (XIX of 1964)-------Ss. 3 & 17---Redemption of mortgaged land---Fraudulent transfer of land by the mortgagee---Jurisdiction of civil court to decide the matter---Scope---Application for possession through redemption of mortgaged property filed by the mortgagor was accepted by the District Collector---Upon appeal preferred by the mortgagee the said order was set aside by the Commissioner (Revenue) with the observation that in view of fraudulent transfer the jurisdiction to decide the matter vested with the civil court---Upon an appeal by the mortgagor such observation was turned down by the Chief Commissioner and while exercising powers of Board of Revenue decided the matter in favour of mortgagor---Validity---Under S. 17 of the West Pakistan Redemption and Restitution of Mortgaged Lands Act, 1964, the jurisdiction of civil court is barred---Civil Court has no jurisdiction to adjudicate upon the matters related to redemption of mortgages and the Chief Commissioner, who was exercising the powers of Board of Revenue, had rightly passed the order in favour of the respondents---Constitutional petition was dismissed, in circumstances.Liaqat Ali and others v. Hukam Khan 2011 CLC 1034 and Allah Dad v. Muhammad (deceased) through L.Rs and others 2017 YLR 1662 rel.Date of hearing: 27th January, 2025.JUDGMENTMUHAMMAD AZAM KHAN, J.---The petitioners have filed the present writ petition against the respondents wherein they have assailed the order dated 23.05.2017 ("Impugned Order") passed by the Chief Commissioner, exercising the powers of Board of Revenue, Islamabad whereby the appeal filed by the respondents against the order dated 17.02.2016 has been accepted.2.    The brief facts of the case are that the predecessor of respondents namely Jalal Khan mortgaged land bearing Khasra No. 101(old) 96 (new) and Khasra No. 106(old) 103 (new) situated in the Revenue State of Lohi Bheer, Tehsil and District, Islamabad through mutation No. 1346 dated 26.06.1953 to one Mehrban the predecessor of the petitioner, against the consideration of amount Rs. 600/- and possession was also delivered to the…