2008 PLP 665 (SCMR)
ALLAH WASAYA and others — Petitioners Versus PROVINCE OF PUNJAB through Executive District Officer (Revenue), Vehari and others — Respondents
| Citation | 2008 PLP 665 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Faqir Muhammad Khokhar and Tassaduq Hussain Jillani, JJ |
| Parties | ALLAH WASAYA and others — Petitioners Versus PROVINCE OF PUNJAB through Executive District Officer (Revenue), Vehari and others — Respondents |
| Primary Law | Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) |
Q1: What are the key laws and sections cited in 2008 PLP 665 (SCMR)?
This judgment primarily cites: Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 665 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Faqir Muhammad Khokhar and Tassaduq Hussain Jillani, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 665 (SCMR) (ALLAH WASAYA and others — Petitioners Versus PROVINCE OF PUNJAB through Executive District Officer (Revenue), Vehari and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Allah Nawaz, Advocate Supreme Court and Mehmood-ul-Islam, Advocate-on-Record for Petitioners.
- Syed Kabeer Mahmood, Advocate Supreme Court for Respondents.
- Date of hearing: 3rd August, 2004.
Headnotes / Summary
(On appeal from the judgment, dated 28-3-2003 of the Lahore High Court, Multan Bench, passed in Civil Revision No.505 of 1993).
S. 10
Transfer of Property Act (IV of 1882), Ss. 58 & 60
Constitution of Pakistan (1973), Art. 185(3)
Allotment of mortgaged property by Settlement Authorities
Leave to appeal was granted by the Supreme Court to consider contention that whether a property mortgaged by a muslim non-evacuee with a non-muslim evacuee by way of usufructory mortgage could not be allotted by Settlement Authorities to a displaced person; that whether petitioners had a right to redeem property mortgaged by their predecessor-in-interest by making payment of mortgaged money in the light of instructions contained in letters of Custodian of Evacuee Properties as well as Settlement and Rehabilitation Department; and that whether property in dispute having not been made a part of compensation pool before cut off date i.e. 1-1-1957, could not be treated to be evacuee property for the first time in the year 1971. Samar Gul v. Central Government and others PLD 1986 SC 35; M.A. Hafeez Khan and 9 others v. Riaz Ahmad Mehra and 3 others 1983 SCMR 803 and Muhammad Khan and others v. The Chief Settlement and Rehabilitation Commissioner, West Pakistan PLD 1962 SC 284 ref.
Judgment & Decree
FAQIR MUHAMMAD KHOKHAR, J.
The petitioners seek leave to appeal from judgment, dated 28-3-2003 passed by the Lahore High Court, Multan Bench, in Civil Revision No.505 of 1993.
2. The learned counsel for the petitioners contended, inter alia, that:-- (i) A property mortgaged by a Muslim non-evacuee with a non-Muslim evacuee by way of usufructory mortgage could not be allotted by the Settlement Authorities to a displaced person in view of the law laid down in the cases of Samar Gul v. Central Government and others PLD 1986 SC 35; M.A. Hafeez Khan and 9 others v. Riaz Ahmad Mehra and 3 others 1983 SCMR 863 and Muhammad Khan and others v. The Chief Settlement and Rehabilitation Commissioner, West Pakistan PLD 1962 SC 284. (ii) The petitioners had a right to redeem the property mortgaged by their predecessor-in-interest by making payment of the mortgage money in the light of the instructions contained in letters dated 28-8-1959, 8-9-1959 and 17-11-1959 of Custodian of Evacuee Properties as well as the Settlement and Rehabilitation Department. (iii) The property in dispute having not been made a part of the Compensation Pool before the cut off date i.e. 1-1-1957 could not be treated to be evacuee property for the first time in the year 1971.
3. Leave is granted to consider, amongst others, the above-contentions. H.B.T./A-130/SC Leave granted.