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HAMEEDULLAH KHAN versus GHULAM RASOOL


Paras 13 (2), 18 (a) (ii) and 18 (a) (iii) Special Relief Act (I of 1877), Article 42 Constitution of Pakistan (1973) Article 185 (3) Mortgage charges, surrender The charge from the government on the surrendered land and the charge on that land should have been transferred to the declaratory trial court's other land, but the appellate court allowed the appeal and decision and the order passed by the trial court had jurisdiction. After the jurisdiction, the High Court was set aside. It has been accepted by the appellant's court respondents that the Deputy Land Commissioner had failed to influence paragraph 13 (2) of the Land Reforms Regulation 1972 and that the charge should have been transferred to the property of the other land. y The declaration further asserts that even if he was not pleaded in this case, it is still the duty of the court to take notice of the provisions of the law to protect the rights in mortgages, the only declaration of justification. It was sought that the effect would be that the land was exempt from mortgage payment and the transfer of the remaining property of the declarant provided under Section 13 (2) of the Regulation was not a matter of transfer of mortgage. Nor was any such question raised or at any stage of the decision-making process, the question regarding the consequences of paragraph 13 (2) of the Code, Upon the surrender of the land, the Land Commission has special jurisdiction, and it was decided by the Deputy Land Commissioner and other defendants. The mortgaged land may also seek a statement in the mortgage rights case, but no such attempt was made by the accused at any stage before any forum.

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