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ABDULLAH SHAUKAT versus ALLAH BAKHSH AND OTHERS


Article 185 (3) Property Act (I82 of 1882), Section 67 Punjab Appeal for Examination of Relief and Restoration of Mortgage Lands (XIX of 1964), Sections 10 and 11

1985 S C M R 573

Present: Aslam Riaz Hussain, Shafiur Rahman and Mian Burhanuddin Khan, JJ

ABDULLAH SHAUKAT‑‑Petitioner

versus

ALLAH BAKHSH and others‑‑Respondents

Civil Petition for Special Leave to Appeal No. 202 of 1984, decided on 13th August, 1984.

(Against the judgment and order of the Lahore High Court, Lahore, dated 30‑1‑1984 in W.P. No. 926 of 1971).

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 185(3)‑‑Transfer of Property Act (IV of 1882), S.67‑‑Punjab Redemption and Restitution of Mortgaged Lands Act (XIX of 1964), Ss. 10 & 11‑‑Leave to appeal granted to examine

(i) whether principle of acknowledgment was correctly applied to a case where there was no signed instrument of acknowledgment;

(ii) whether S. 67, Transfer of Property Act affected jurisdiction of Revenue Officer in Punjab; and

(iii) whether in view of Custodians intervening interest in property, an application under Ss. 10 & 11, Redemption of Mortgaged Lands Act, 1964 was competent.

Ch. Khalilur Rahman, Slenior Advocate Supreme Court assisted by Sh. Salahuddin, Advocate‑on‑Record for Petitioner.

Mehdi Khan for Advocate‑on‑Record for Respondents Nos. 1 and 2.

0Mr. Niaz Muhammad Siddiqui, Advocate Supreme Court and Mr. S. Abid Nawaz, Advocate‑on‑Record for Respondents Nos. 3 and 4.

Date of hearing: 13th August, 1984.

ORDER

SHAFIUR RAHMAN, J.

‑‑ Leave to appeal is granted to examine, inter alia:‑

(i) Whether principle of acknowledgment was correctly applied to a case where there was no signed instrument of acknowledgment.

(ii) Whether section 67, Transfer of Property Act affected the jurisdiction of Revenue Officer in Punjab.

(iii) Whether in view of the Custodian's intervening interest in the property, an application under sections 10 and 11, Redemption of Mortgaged Lands Act, 1964 was competent.

Security Rs.1,000.

Interim status quo to continue.

M. I. Leave granted.

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