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RAZIA BIBI versus PROVINCE OF PUNJAB THROUGH COLLECTOR, GUJRANWALA


In Article Q 42 of the Law of Contempt (1984 of 10 of 1984), the Defendants' Article 117 suit for mortgage proof of creation sought to declare that through their predecessor, the suit land was never granted to any Muslim, The non-Muslim, governmental or defendant's predecessor was not mortgaged. Her husband was allotted on a temporary basis in the dispute and the land was already under mortgage, so the suit land was owned by Muslim, which was never transferred to the non-Muslim, although no mortgage was created. Evidence was not available in favor of non-Muslims if such mortgages were ever granted, only mortgage rights were to be made in the Federal Government to form part of the compensation pool created under the laws of settlement. There was no evidence that mortgage rights to the underground land ever became part of the compensation pool or transferred to the Kashmir Ministry. Defendants' subsequent allotment cases were never pursued by the plaintiffs nor did they cooperate, so the careless court because the plaintiff specifically denied that by their predecessor The suit land was ever mortgaged for any Muslim, non-Muslim, government, or defendant's husband, to prove the creation of a mortgage on those who failed to evict it.

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