Law:

Section:

Pakistan (Administration of Evacuee Property) Act (XII of 1957)------ ----Ss.7, 8, 22, 25 & 41---Displaced Persons (Land Settlement) Act (XLVII of 1958), S.25---Property mortgaged with non-Muslim evacuees by the local mortgagors had not been redeemed---Evidence on record showed that mortgage was a simple mortgage of the property and was not held in usufruct---Evacuees had not got the physical possession of the property which continued with the mortgagors throughout---Such property vested in the Custodian of Evacuee Property only to the extent of the "mortgage rights" of the evacuees whereas the title of the property continued to vest with the local mortgagors---Non-evacuee mortgagor's right to redeem the. mortgage were never extinguished and even if the property was transferred, the same would be subject to mortgagor's right of redemption---Neither the mortgagor nor the mortgagee, in such a case, was obliged to seek a declaration of the status of the property by making a reference to the Custodian of the Evacuee Property in terms of S.22 read with S.25 of Pakistan Administration of Evacuee Property Act, 1957---Settlement Authorities had no power to transfer the ownership rights of the property in circumstances. Muhammad Khan and others v. The Chief Settlement and Rehabilitation Commissioner, West Pakistan and another PLD 1962 SC 284; Rehmat Ali v. Member, Board of Revenue and another 1974 SCMR 171 and M.A. Hafeez Khan and 9 others v. Riaz Ahmad Mehra and 3 others 1983 SCMR 803 ref. ORDER FAQIR MUHAMMAD KHOKHAR, J.------This petition is directed against impugned judgment, dated 29-5-2000 passed by the Lahore High Court, Lahore in R.S.A. No.684 of 1976. 2. The respondents Nos.1 to 14 instituted a civil suit for declaration and perpetual injunction claiming therein that they, alongwith respondent No. 15, were owners in possession of the suit-land measuring 169 Kanals and 9 Marlas situated in Chak Mauza Shahbazkhel, Tehsil and District Mianwali. The Administrative Civil Judge, Mianwali, by judgment and decree, dated 23-5-1974, decreed the suit against Mst. Rashida Begum, the predecessor-in-interest of the petitioners and also against respondent No.16. The…

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