KHAIR DIN vs CHIFF SETTLEMENT AND REHABILITATION COMMISSIONER, LAHORE

1. FAZLE-AKBAR, J.-The petitioner is the mortgage in posses--sion in respect of certain evacuee agricultural land in the district of Lyallpur. The said land was allotted to a refugee mimed Boota and he took steps for ejectment of the mortgage from the land in dispute. On 26-6-64 the Additional Settlement Commis--sioner ordered that the mortgage would continue to remain I n possession of the land till the mortgage debt was paid of from the evacuee pool. Thereafter, the Deputy Settlement Commissioner (Land), Lyallpur, issued a notice to the mortgage that he should receive the mortgage money before 31-5-67 and that on his full to do so he would be ejected from the mortgage land. The mortgage then challenged the above order by filing a writ petition in the High Court, but the same was summarily dismissed. He now seeks special leave to appeal to this Court.

2. The only point urged before us was that as the mortgage money was not paid within the stipulated period as mentioned in section 14-A of Amending Ordinance LXIV of 1962, the mortgage was not redeemable. The learned Judges of the High Court have rightly pointed out that the time prescribed in the above section was for the benefit of the Settlement authorities and that the mortgage was not entitled to claim the amount till the expiry of the time prescribed therein. This section does not confer any new or additional right on the mortgage. It is open to the mortgage at any time to ask from the Settlement authorities for the amount due on the mortgage and similarly the Settlement Authority is entitled to redeem the mortgage property on payment of the mortgage debt. The misconceived writ petition was, therefore, rightly rejected by the High Court.

3. This petition for special leave to appeal is accordingly dis--missed.