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SARDAR BIBI versus MUHAMMAD YAQUB


Sections 60 and 91 of the Property Act 1882 Constitution of Pakistan (1973), Article 199 Property mortgage with a vacant property Revenue Court had demanded that the mortgage be over 60 years old, to be removed. The appropriate forum for obtaining the verdict was civil court and was opposed on the basis of a constitutional petition filed against the Revenue Court decision which is enforceable because the applicant was not treated alternatively by the Appellant. No doubt, the Revenue Court order was subject to appeal and applicants should first take advantage of alternatives. However, there may be cases where the applicant can refer directly to the High Court. The invalid order was without jurisdiction. Applicants cannot be inappropriate at this stage when the constitutional petition was pending for the last sixteen years and the defendants did not immediately apply for its decision. It was requested by the Constitution that the constitutional petition was not upheld.

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