TALIB HUSSAIN vs FAIZ ALAM Ss — 2025 CLC 970 ISLAMABAD

Case information

Citation: 2025 CLC 970 ISLAMABAD
Court: Islamabad High Court
Year: 2025
Reporter: CLC
Parties: TALIB HUSSAIN vs FAIZ ALAM Ss
Subject matter: Civil
Provisions referred to: S. 17; Mortgaged Lands Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

TALIB HUSSAIN VS FAIZ ALAM Ss. 3 & 17---Redemption of mortgaged land---Fraudulent transfer of land by the mortgagee---Jurisdiction of civil court to decide the matter---Scope---Application for possession through redemption of mortgaged property filed by the mortgagor was accepted by the District Collector---Upon appeal preferred by the mortgagee the said order was set aside by the Commissioner (Revenue) with the observation that in view of fraudulent transfer the jurisdiction to decide the matter vested with the civil court---Upon an appeal by the mortgagor such observation was turned down by the Chief Commissioner and while exercising powers of Board of Revenue decided the matter in favour of mortgagor---Validity---Under S. 17 of the West Pakistan Redemption and Restitution of Mortgaged Lands Act, 1964, the jurisdiction of civil court is barred---Civil Court has no jurisdiction to adjudicate upon the matters related to redemption of mortgages and the Chief Commissioner, who was exercising the powers of Board of Revenue, had rightly passed the order in favour of the respondents---Constitutional petition was dismissed, in circumstances.

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