رقبہ رہن اور کچھ بلا رہن تھا.

In a complex civil case like this—particularly involving property rights, historical mortgages, refugee allotments, and long-standing possession—your situation is serious, and immediate, strategic legal action is needed.
Here’s what you should urgently consider and do:

✅ Immediate Legal Steps to Take

1. Engage a Senior Civil Lawyer (if not already)

If you’re not already working with a senior civil lawyer who specializes in property and revenue law, engage one immediately. Cases involving refugees, post-Partition allotments, and mortgage disputes require deep knowledge of Pakistan’s evacuee property laws and settlement schemes.

2. File an Application for Additional Evidence (if needed)

If the court is unaware of critical facts—such as:

• The permanent allotment to a refugee under the settlement scheme,
• The registry/mutation of sale from the refugee to your grandfather,
• Your family’s possession history over the decades,

then your lawyer should file an application under Order 18 Rule 17-A CPC (for producing additional documents or evidence), before the final decision.

3. Highlight Evacuee Property Law & Allotment Legality

You must demonstrate that:

• The original co-sharer did not retain ownership because the property was declared evacuee when they migrated.
• The refugee was given legal allotment, and the government issued permanent rights, which were lawfully transferred to your grandfather.
• Any prior mortgage (before 1947) does not survive the legal allotment and subsequent sale.

This is supported under various post-Partition settlement acts and Evacuee Property and Displaced Persons laws.

4. If Judgment Goes Against You – File an Appeal Immediately

If the judge still rules against you, file a civil appeal immediately before the District Judge or the High Court, depending on the forum.
Time is critical: Limitation for appeal is usually 30 days, so do not delay.

📁 Documentation You Need (or Must Reaffirm):

• Copy of the allotment letter issued to the refugee (from Settlement Department or Board of Revenue).
• Registry and mutation entries of purchase by your grandfather.
• Record of possession (tax receipts, cultivation records, utility bills).
• Any settlement scheme or evacuee property documents.
• Statement that mortgagor migrated to India, thus their interest ceased under evacuee law.

⚠️ Legal Points in Your Favor (to Emphasize):

• Mortgage before 1947 becomes ineffective if the mortgagor becomes evacuee and property is allotted permanently.
• Government of Pakistan allotted the property under a lawful settlement scheme.
• Your grandfather is a bona fide purchaser with legal title and documentation.
• Doctrine of Estoppel: No claim can be maintained after such a long peaceful possession and registration.

🧑‍⚖️ Final Advice:

If your current lawyer is not handling this aggressively or lacks experience in refugee allotment and post-Partition laws, you must consult a specialist lawyer immediately, possibly with a retired settlement officer or revenue expert involved.

If you need:

🧾 LEGAL NOTE FOR DEFENCE (REGARDING ALLOTMENT TO REFUGEE & BONA FIDE PURCHASE)

IN THE COURT OF [Name of Court & Judge]
Civil Suit No. [XXXXX]
Title: [Plaintiff] Vs. [Defendants]

Subject: Clarification regarding mortgage, refugee allotment, and lawful purchase by Defendant’s predecessor

Respected Sir,
With due respect, it is humbly submitted on behalf of the Defendants that:

1. Historical Mortgage (1935):
2. The alleged mortgage over the suit property dates back to 1935. However, the original mortgagor subsequently migrated to India at the time of Partition and thereby ceased to retain legal interest in the property under applicable Evacuee Property Laws.
3. Evacuee Status and Government Allotment:
4. As per the Settlement & Rehabilitation Laws enforced after 1947, the suit property was legally declared evacuee property and subsequently permanently allotted to a refugee who migrated to Pakistan.
5. Lawful Transfer of Title:
6. The refugee, being a lawful allottee, was vested with full ownership rights, and the property was later purchased by the Defendant’s grandfather, through a registered sale deed. Relevant mutation entries and registry records are on file.
7. Possession & Bona Fide Title:
8. The Defendant’s family has been in peaceful, continuous, and lawful possession of the property for decades. The claim now raised, after over 70 years, is legally barred, estopped by conduct, and lacks merit.
9. Mortgage No Longer Enforceable:
10. Since the mortgagor migrated and lost title, any prior mortgage extinguished under law, and could not bind the allottee or subsequent bona fide purchaser. Therefore, any right claimed by a non-returning co-sharer cannot override a government-sanctioned allotment and registered title.

PRAYER:

In light of the above, it is respectfully requested that this Honorable Court kindly:

• Acknowledge the legality of the permanent allotment and the subsequent bona fide purchase, and
• Dismiss the plaintiff’s claim as untenable in law and equity.

Submitted by:
[Your/Your Lawyer’s Name]
[Date]
[Contact Details]

🔖 Annexures You Should Attach (if not already submitted):

1. Permanent allotment letter issued to the refugee
2. Registered sale deed (registry)
3. Mutation entries in your grandfather’s name
4. Possession documents (e.g., tax records, utility bills)
5. Any evacuee property or settlement scheme copies (if available)