Law: West Pakistan Board of Revenue Act, (XI of 1957)

Section: 4(1)

(a) West Pakistan Board of Revenue Ordinance, (XII of 1957)-- ----S. 4 (1) Whether power of "superintendence " includes exercise of "revisional jurisdiction" N. W.F.P. Restitution of Mortgaged Lands Act (XXXII of 1950). The N. W.F.P. Restitution of Mortgaged Lands Act (XXXII of 1950). does not provide for a revision petition against the order of the Divisional Commissioner directing restitution of mortgaged land. The petitioner brought a revision petition before the West Pakistan Board of Revenue relying on section 4 (1) of the West Pakistan Board of Revenue Ordinance (XII of 1956) and assuming that the power of "superintendence" included " revisional jurisdiction". Quarae : Whether the word "superintendence" included "revisional jurisdiction" ? [The petition was dismissed on merits]. (b) N. W. F. P. Restitution of Mortgaged Lands Act (XXXII of 1950)----- -----S. 7 (a) Whether restitution could be ordered on payment of amount due on a mortgage executed subsequent to crucial date, i.e. 1st January 1920. There is no authority requiring that where mortgaged land is being restituted under the N. W.F.P., Restitution of Mortgaged Lands Act, 1950, without payment of anything the extra charge involved din a mortgage executed subsequ¬ent to the crucial date should be paid by the mortgagor only after suing the mortgagee in a Civil Court for its redemption. If the mortgagor is entitled to the restitution of his mortgaged lands, it is only fair that he should obtain possession after paying the extra charge through the agency of the Collector as early as possible at the time of restitution. THIS ORDER PASSED BY: H. A. MAJID. ---- This case arises from the North West Frontier Province Restitution of Mortgaged Lands Act, 1950, section 10 whereof provides that any person aggrieved from an order of the Collector under the Act may appeal to the Revenue and Divisional Commissioner, North West Frontier Province, within a period of 90 days. The suit, which the present respondents had lodged under the Act, was decided against them by the Collector. An appeal lodged by them before the Revenue and Divisional Commissioner was decision dated: 2nd October 1954. On the basis of this…

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