1992 PLD 85 SUPREME-COURT

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ABDUL SAJOOD VS ADDL. SETTLEMENT COMMISSIONER LAHORE DIV. LAHORE. Displaced Persons (Compensation and Rehabilitation) Act 1958--10 , Displaced Persons (Compensation and Rehabilitation) Act 1958--34 , Evacuee Property and Displaced Persons Laws (Repeal) Act 1975--2 , Pakistan (Administration of Evacuee Property) Act 1957--22 , S. 22---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss.10 & 34---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.2(2)---Constitution of Pakistan (1973), Art.185(3)--Appellants being in possession of property in question, had inducted respondents as tenants of same---Entitlement to allotment of property in question---Appellants being mortgagees of property in question, had the option to approach the Custodian and get a declaration for recognition of their mortgage and its enforcement---Appellants continuance in possession beyond the specified date without informing the Custodian would although make them liable for eviction and prosecution, yet the fact of their possession in breach of provisions of law could not be disputed---Appellants could not be deprived of their right flowing from such possession on the only ground that it had ceased to be in accord with law after a particular stage---In any competition between appellants/mortgagees in possession and