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ALLAH BAKHSH versus GHULAM MUHAMMAD


Article 67 Constitution of Pakistan (1973), Article 185 (3) of the Property Act 1882 was reserved for the possession of non-Muslims, mortgaged with the property and such land was considered as vacant property and declared for transfer to the defendants. It was believed that the mortgage was more than sixty years old at the time of the partition of the subcontinent, and as the mortgagee lost its rights in distribution at the time of prescription, the trial court rejected the trial and said that the High Court The order was maintained until the date when the mortgage was made in favor of them by non-Muslims. The petition for a leave of appeal petition indicated that the mortgage in question, born in 1910, was alleged to have been more than sixty years old on the occasion of the mortgage in question, As such, no Foundation Appeal for Leave was denied in the circumstances

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