' FAQIR MUHAMMAD KHOKHAR, J.--- The petitioners seek leave to appeal from judgment, dated 28- 3-2003 passed by the Lahore High Court, Multan Bench, in Civil Revision No,505 of 1993.
2. The learned counsel for the petitioners contended, inter alia, that:--
(i) A property mortgaged by a Muslim non-evacuee with a non-Muslim evacuee by way of usufructory mortgage could not be allotted by the Settlement Authorities to a displaced person in view of the law laid down in the cases of Samar Gul v. Central Government and others PLD 1986 SC 35; M.A. Hafeez Khan and 9 others v. Riaz Ahmad Mehra and 3 others 1983 SCMR 863 and Muhammad Khan and others v. The Chief Settlement and Rehabilitation Commissioner, West Pakistan PLD 1962 SC 284.
(ii) The petitioners had a right to redeem the property mortgaged by their predecessor-in-interest by making payment of the mortgage money in the light of the instructions contained in letters dated 28-8-1959, 8-9-1959 and 17-11-1959 of Custodian of Evacuee Properties as well as the Settlement and Rehabilitation Department.
(iii) The property in dispute having not been made a part of the Compensation Pool before the cut off date i.e, 1-1-1957 could not be treated to be evacuee property for the first time in the year 1971.
3. Leave is granted to consider, amongst others, the above-contentions.