Law: Constitution of Pakistan, 1973

Section: 185(3)

Displaced Persons (Land Settlement) Act (XLVII of 1958)--S.4--Constitution of Pakistan (1973), Art.185(3)--West Pakistan Redemption and Restitution of Mortgaged Lands Act (XIX of 1964), S.3--Land mortgaged to non-Muslim--Mortgagors successors applying for redemption and restitution of such land--Board of Revenue declined redemption on the ground that Muslim mortgagors or their successors-in-interest should have immediately lodged their claims with the Settlement Authorities regarding land that they had earlier mortgaged with the non-Muslim evacuees--High Court set aside Board of Revenue's order and ordered redemption and restitution of land--Order impugned by allottees/vendees from allottees-Board of Revenue's order was in direct conflict with the enunciation of law by Supreme Court reported in Muhammad Khan and others v. Chief Settlement Commissioner and another P L D 1962 S C 284, wherein it was held that rights of mortgagees were extinguished on acquisition of evacuee land under S.4 of Act XLVII of 1958-­High Court, held, was justified in setting aside impugned order of Board of Revenue--Supreme Court set aside the order of Board of Revenue though for somewhat different reasons. Muhammad Khan and others v. The Chief Settlement and Rehabilitation Commissioner and another P L D 1962 S C 284 rel. Fakharuddin G. Ebrahim, Senior Advocate Supreme Court, Maqbool Sadiq, Advocate Supreme Court and S.Inayat Hussain, Advocate-on-Record for Petitioners. M.A. Oureshi, Advocate-on-Record (absent) for Respondents. Date of hearing: 17th December, 1988. ORDER NASIM HASAN SHAH, J.--This is a petition for leave to appeal against the judgment dated 8-2-1982 of the Lahore High Court, Lahore. The land in dispute was owned by a Muslim; he mortgaged it to a non-­Muslim named Bhoja for Rs.295 and the relevant mutation in favour of Bhoja was attested on 22-3-1896. During the life time of Bhoja the name of his son Utam Chand was added to Mutation No.167 sanctioned on 23-1-1904 and the name of Nathu brother of Bhoja was also entered as a partner vide the same mutation. After the death of Nathu, his widow, Mst. Narain Devi, transferred the rights of her husband in favour of Nabaya Rao…

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