1972 SCMR 43 SUPREME-COURT
Supreme Court · 1972
Full text
FAQIRRA VS CUSTODIAN, WEST PAKISTAN Pakistan (Administration of Evacuee Property) Act 1957--22 , S. 22-Muslim mortgaging property to Hindu in 1854Right to redeem property lost ; in 1914, mortgagee suing for possession thereafter and obtaining decree in 1946-Hindu migrating to India and heirs of mortgagor filing application under S. 22 for redemption of mortgage-Held, mortgagor having lost right to redeem mortgage application for redemption rightly refused-Mortgagor if he had continued in possession after losing right of redemption could well resist eviction on ground of adverse possession but having admitted property to be evacuee in application under S. 22, could not plead that property was not evacuee.
