FAZL-UR-REHMAN versus SENIOR MEMBER, BOARD OF REVENUE, N.W.F.P.,PESHAWAR
Section 58 North-West Frontier Province Tenancy Act (Sun XXV) of XXV), Section (v) Constitution of Pakistan (1973), Article 199 Tenants in possession of tenants are subject to physical possession of the mortgage. Prior to obtaining a mortgage from the Board of Revenue, which was forbidden from supplying, its tenants would, therefore, return to their status as tenants and could only be forfeited under the Tenancy Act, 1950. Off-Revenue Search suffered a legal impairment and had no legal effect, as the tenants were in possession of the mortgage. Physical possession of the mortgage will return to the questions when and tenants did not come back to their previous status was restored to mortgage conditions
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