Mst. HAWA and others vs GHULAM MUHAMMAD and others
This petition for leave to appeal arises from a judgment of the Lahore High Court, which accepted a writ petition filed by the respondents. The core legal questions before the Supreme Court concern the jurisdiction of the Collector under the West Pakistan Redemption of Mortgaged Property Act, 1964, specifically regarding their authority to adjudicate matters involving evacuee property. Furthermore, the Court must determine whether the High Court correctly applied the legal principles established in the case of Samar Gul v. Central Government and others (PLD 1986 SC 35) concerning the limitation period applicable to the redemption of evacuee property. The Supreme Court granted leave to appeal to examine these issues, noting the significance of the statutory interpretation of the 1964 Act in the context of evacuee property laws. Pending the final adjudication of the appeal, the Court directed that the status quo be maintained between the parties.
- Is the Collector under the West Pakistan Redemption of Mortgaged Property Act, 1964, empowered to deal with the redemption of evacuee property?
- What is the applicable period of limitation for the redemption of evacuee property?
- West Pakistan Redemption of Mortgaged Property Act, 1964
ORDER
' IFTIKHAR MUHAMMAD CHAUDHRY, ACTG. C.J.--- This petition for leave to appeal has been filed against judgment dated 28-4-2004 of the. Lahore High Court whereby writ petition filed by the respondents has been accepted.
2. Leave to appeal is granted to examine, inter alia, as to whether the Collector under the West Pakistan Redemption of Mortgage Property Act, 1964, is empowered to deal with the matter of redemption of the evacuee property and as to whether the learned High Court in view of the facts and circumstances of the case correctly applied the principle A laid down by this Court in respect of running out of period of limitation for redemption of evacuee property, in the case of Samar Gul v. Central Government and others PLD' 1986 SC 35.
' Subject to notice, status quo to be maintained.
Leave to .