Law:

Section:

Transfer of Property Act (IV of 1882)-----S.58--Constitution of Pakistan (1973), Art.185(3)--Mortgage of land with non ­Muslim evacuee with condition that after expiry of twenty years same was to stand redeemed--Custodian of Evacuee Property, after expiry of statutory period, held, that mortgagor had a right to redeem the land without payment of mortgage amount but he had to pay cost of building upon the land before redemption--Cost of building was, however, not ascertained--Land was allotted, thereafter, to a refugee whereupon plaintiff filed suit which was decreed uptill the High Court-­Legality--Custodian's order fully established plaintiff's title over the land--On the strength of Custodian's finding plaintiffs were entitled to the possession of property, subject to payment of the value of superstructure which had to be determined by the Custodian--Nothing on record was available to show that value of superstructure was ever determined and plaintiffs were asked to pay and they defaulted in doing so--With the determination of ownership of property by the exclusive and competent Authority on record, petitioners/allottees had no locus standi to claim the transfer of the property or to make the title and interest of plaintiffs, conditional or suspect--Both the Courts having taken into consideration the finding lawfully and competently recorded by the Authorities, had given full effect to it--Leave to appeal thus refused. JUDGMENT SHAFIUR RAHMAN, J.--The petitioners, Muhammad Bashir and 6 others, who have been unsuccessful as defendants in a civil suit, seek leave to appeal against the judgment of the Pesharvar High Court passed in a Regular First Appeal whereby a decree for possession of the suit-property was passed in favour of the plaintiffs. 2. The predecessor-in-interest of the petitioners came to occupy the suit-­property (Building No.94 in Havelian Urban Area) located in Khasra No.795, measuring 117 Sq. Yards and 3 Sq. feet. He got an allotment Order for the same on 25-10-1951. This Khasra Number in an un-built state belonged to the predecessor-in-interest of the plaintiffs-respondents, who had mortgaged it with the non-Muslim evacuee in the year 1932.…

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