Law:

Section:

Pakistan (Administration of Evacuee Property) Act (XII of 1957), Ss. 9 and 16 Occupancy rights Shamilat deh Land held by non Muslims as occupancy tenants Occupancy tenants mort-gaging land by oral agreement dated 6 1 1945 Mutation sanctioned on 5 4 1945 Legal formalities contained in S. 53, Punjab Tenancy Act (XYI of 1887) not observed Landlords on 18 7 50 filing suit in Court of Assistant Collector for obtaining possession of land after setting aside mortgage Property becoming evacuee¬ Suit no longer competent Remedy lies under S. 16, Pakistan (Administration of Evacuee reportedly) Act (XII of 1957). THIS ORDER PASSED BY: M. Z. KHAN, MEMBER BOARD OF REVENUE Revision Nos. 15 and 16 may be taken up together, as they are of similar nature. The case against Ali Akbar son of Jewan, one of the respon¬dents, who was absent despite service was taken up expert. 81 kanals and 8 marlas of land in dispute in village Malike Tahsil Pasrur, is Shamilat deh. The petitioner is the major land¬owner of this land. This land was held by certain non Muslims as occupancy tenants. These non Muslims evacuee tenants mortgaged the land in dispute by an oral agreement on 6 1 45. The mutation was sanctioned on 5 4 45. On 18 4 50 the petitioner plaintiff instituted a suit in the Court of the Assistant Collector, 1st Grade, for obtaining possession of the land by setting aside the mortgage transaction. The main plea advanced by the plaintiff in the suit was that occupancy rights were mortgaged without the previous consent of the land owners and that the` transaction was void able. The suit was dismissed on the ground that by the enforcement of the Punjab Tenancy (Amendment) Act, 1952, the occupancy tenancy was extinguished on the payment of compensation and that the plaintiff had no cause of action. The petitioner filed an appeal before the Collector, but it was rejected. A revision petition was filed before the Commissioner, but it was also rejected. According to…

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