Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1958)--­ ----S.4----Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 975), S. 3---Sale of land---Land in dispute which was mortgaged by evacuee in favour of petitioners/non-evacuees long before creation of Pakistan, .was sold y Settlement Authority in favour of respondents who were in possession of and long before 1973---Petitioners/mortgagees of land in dispute who had ever applied for payment of mortgage money to them for which they were entitled, had challenged sale of land in favour of respondents/vendees contending that they were entitled to retain land as mortgagees and that respondents/vendees could be their tenants---Petitioners being non-evacuee mortgagees having never applied for payment of mortgage money, land under S. 4, would vest in Central Government free of any encumbrance and petitioners would have no right to retain land, but were only entitled to payment of mortgage money for which instructions were issued to them from time to time. JUDGMENT This Constitutional petition is directed against order dated 5-8-1992 of the Chief Settlement Commissioner, Board of Revenue, Punjab, Lahore by which the disputed property has been sold in favour of the respondents under section 3 of Act XIV of 1975. 2. Facts relevant for the disposal of this writ petition are that land measuring 226 Kanals, 16 Marlas was sold to the respondents but the dispute in this writ petition is for 143 Kanals of land which has been sold to the respondents under section 3 of Act XIV of 1975. This land admittedly was mortgaged by the evacuees in favour of the petitioners in 1937 for a sum of Rs.700. It emerges from the record that the respondents are admittedly in possession of this land much before Kharif 1973 which is a legal requirement for the sale of the land by the Chief Settlement Commissioner under section 3 of the Act XIV of 1975. Before passing the impugned order dated 5-8-1992 the report was called for by the Chief Settlement Commissioner and the operative part is as under:-- "The land under discussion is mortgaged with non-evacuee viz. Ahmad Khan s/o Muhabat Khan, caste Sial Mohni r/o Chak No.262, Tehsil…

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