Law:

Section:

Punjab Restitution of Mortgaged Lands Act (IV of 1938)---S.2--Constitution of Pakistan (1973), Art. 185(3)--Contention that notwithstanding any other law or any decree to the contrary the mortgages subsisting in 1938 were to be dealt with only under the Act through an application for redemption thereof, repelled--Provisions of S.2 did not exclude decrees obtained by the mortgagees through foreclosure but excluded a decree for redemption. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the petitioners against the dismissal of their writ petition by the High Court. It had arisen out of a property which purported to be evacuee land. The land in dispute, according to the petitioners, belonged to them. It was mortgaged with one Tola Ram, evacuee who obtained a decree for foreclosure against the petitioners. That decree, according to the learned counsel, became final in 1945. The petitioners' side, it is evident from the record, was a party to that suit. On account of the said decree, the property in dispute has been treated as evacuee and dealt with accordingly. Notwithstanding the said decree, the petitioners' side filed application for redemption of mortgage somewhere in 1946 under section 4 of the Punjab Restitution of Mortgaged Lands Act, 1938. This application finally now stands dismissed by the impugned judgment of the High Court mainly on the ground that the decree obtained by Tola Ram and which became final in 1945 against the petitioners, was a…

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