ALLAH WASAYA and others vs PROVINCE OF PUNJAB through Executive
This matter concerns a petition for leave to appeal against a judgment of the Lahore High Court, Multan Bench, regarding the status and redemption rights of property mortgaged by a Muslim non-evacuee to a non-Muslim evacuee. The core legal questions presented are whether property subject to a usufructuary mortgage by a Muslim non-evacuee to a non-Muslim evacuee could be validly allotted by Settlement Authorities to a displaced person, and whether the petitioners possess a right to redeem such property upon payment of the mortgage money based on historical instructions from the Custodian of Evacuee Properties. Additionally, the petition challenges the classification of the disputed property as evacuee property, arguing it was not part of the Compensation Pool before the prescribed cut-off date of January 1, 1957. The Supreme Court granted leave to appeal, acknowledging the necessity to examine whether the property was legally available for allotment and whether the petitioners' redemption rights were preserved despite the subsequent administrative actions taken by the Settlement and Rehabilitation Department in 1971.
- Can property mortgaged by a Muslim non-evacuee to a non-Muslim evacuee be validly allotted to a displaced person by Settlement Authorities?
- Does a mortgagor have a right to redeem property mortgaged to a non-Muslim evacuee by paying the mortgage money?
- Can property not included in the Compensation Pool before the cut-off date of January 1, 1957, be legally treated as evacuee property at a later date?
ORDER
' 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.