Section 42 of the Transfer Property Act (IV of 1882), the case for declaration and redemption of section 60 residents who owns the plaintiff's group, states that the property is registered to a non-Muslim because the deceased's heirs failed to return. Mortgage money, mortgage lawsuit filed against mortgaged legal legacy, which was eventually passed in favor of mortgagee / non-Muslim immigrant to India, suit property mortgage rights transferred in the name of Central Government What rights have been transferred? In the name of eviction by the central government, while the property owned by the plaintiffs remained in the name of the plaintiff's predecessor, the defendant finally relinquished the property in his name The plaintiff is the legal heir of his predecessor mortgage, I mortgaged this property. After the non-Muslim and liberty states that mortgage rights have been transferred in the name of the central government, the acquisition rights of the plaintiffs cannot be transferred to any body in any way, unless they terminate their own property, The transfer of ownership rights in the name of the defendants is not understandable, the sale of the mortgage rights can be accepted, but the property cannot be transferred to the defendants in the name of the defendants, which appear to be fraudulent when the defendants If the owners of the vendors were not established, then how did the defendants benefit from the entry of revenue records in the names? Will be. As a mortgagee-striker, the central government stepped into the pledge of empty mortgages and only assumed that mortgage rights were available for eviction, under the law, the central government was only able to transfer the mortgage. Rights
Related judgments — Peshawar High Court NWFP, 2011