Law:

Section:

Land Reforms Regulation, 1972 (M.L.R. 115)--- ---Paras. 13(2), 18(a)(ii) & 18(a)(iii)---Specific Relief Act (I of 1877), S. 42---Constitution of Pakistan (1973). Art. 185(3)---Mortgage charge, shifting of---Surrender of land to Government---Charge over surrendered land---Government after resumption of excess land allotted the same to the plaintiff---Land surrendered by the declarant had already been mortgaged in favour of the defendants---Plaintiff sought declaration to the effect that the land allotted to him was fret from all encumbrances and charge over the land should have been shifted to the other land of the declarant---Trial Court dismissed the suit but Appellate Court allowed the appeal and judgment and decree passed by Trial Court were set aside---High Court in exercise of revisional jurisdiction maintained the judgment and decree passed by Appellate Court---Defendants contended that Deputy Land Commissioner failed to give effect to para. 13(2) of Land Reforms Regulation, 1972 and the charge should have been shifted to the other land owned by the declarant and further contended that even if it was not pleaded in the suit, still it was the duty of Court to take notice of the provisions of law to protect the rights in the mortgage--­Validity---Only a declaration was sought in the suit to the effect that the. land was free of mortgage charge and the matter relating to the shifting of mortgage charge to the remaining property of the declarant as provided under para. 13(2) of Regulation was not in issue in the suit---No such question was raised or adjudicated at any stage of the proceedings--­Que'stion relating to consequences of para. 13(2) of the Regulation, on the surrender of mortgage land being in the exclusive jurisdiction of Land Commission, was essentially to be raised and decided by the Deputy Land Commissioner and further defendants could also seek a declaration in the suit relating to the rights of mortgage in the mortgaged land but no such effort was made by the defendants at any stage before any forum---Nothing was available on record to suggest that an adverse finding qua such right of the defendants was recorded by any forum--­Supreme…

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