Law:

Section:

(a) Constitution of Pakistan (1962), Art. 98-Writ jurisdiction­-Facts full of complexity -High Court, held, in circumstances, rightly dismissed writ petition in limine on ground of its involving elaborate inquiry into facts-Proper remedy in circumstance-To take dispute to civil Court. (b) West Pakistan Redemption and Restitution of Mortgaged Lands Act (XIX of 1964), S. 14-Bar to filing of suits created by S. 14 of West Pakistan Redemption of Mortgaged Lands Act, 1964-Applies to orders made with jurisdiction under that Act-No subsisting mortgage existing-Civil suit not barred. The bar applies to orders made with jurisdiction under Act XIX of 1964. If there be no subsisting mortgage then a civil suit would lie as the proceedings in the redemption application would in that event be without jurisdiction. D. M. Awan, Advocate Supreme Court instructed by Masood Akhtar, Advocate- on-Record for Appellants. Mian Muhammad Shah, Senior Advocate Supreme Court instructed by Mushtaq Ahmad Khawaja, Advocate-on-Record for Respondents Nos. 4 to 7. Respondents Nos. 1 to 3 : Ex parte (vide Court's order dated 24-9-1969 in the original file). Dates of hearing : 5th and 6th' May 1970. JUDGMENT MUHAMMAD YAQUB ALI, J.-The facts out of which this appeal by leave arises are by no means easily ascertainable on the present record. On some date prior to 13-3-1903 Bhai Khan, predecessor-in­-interest of the respondents mortgaged 107 bighas of land in village Janiwala to one Gurdit Singh. The latter either sold or further mortgaged his rights to Malik Jehan Khan Tiwana. On 26-9-1892 Bhai Khan created a second mortgage in favour of Malik Sher Bahadur of 107 bighas of land which was either free from any encumbrance or was included in the land earlier mortgaged to Gurdit Singh. Part of consideration was left with Malik Sher Bahadur to redeem the first mortgage. On the 25th September 1902, Malik Mumtaz Khan and Malik Mubariz Khan exchanged 54 bighas of the mortgaged land with an equal area of land in village Vijh belonging to Sahib Khan and Agar Khan, the prede­cessor-in-interest of the appellants. On the death of Malik Jehan Khan, his sons Malik Mumtaz Khan and Malik Mubariz Khan succeeded to…

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