Law:

Section:

West Pakistan Redemption and Restitution of Mortgaged Lands Act (XIX of 1964)--- ----S.7---Civil Procedure Code (V of 1908), S.11---Redemption of mortgage---Res judicata, principle of---Applicability---Scope---Order of Collector refusing to redeem mortgage---Filing of suit under S.7 of West Pakistan Redemption and Restitution of Mortgaged Lands Act, 1964---Validity---Order passed by revenue hierarchy could be challenged before Civil Court under S.7 of West Pakistan Redemption and Restitution of Mortgaged Lands Act, 1964---Decision rendered by revenue hierarchy would have no relevance---Question of res judicata would not arise in such suit. Abdul Haq v. Ali Akbar and others 1999 SCMR 2531 ref. JUDGMENT MUHAMMAD AMEER BHATTI, J.---Through this C.R. the concurrent findings of facts recorded by both the Courts below while decreeing the suit of the respondents for redemption of land in dispute as mentioned in para 2 of the plaint, has been challenged. 2. The brief facts which are necessary for the just decision of this case are that the land in dispute was mortgaged in the year 1868 by Kareem Bukhsh (Karam Bukhsh), predecessor-in-interest of the respondents to Umer Din, predecessor-in-interest of the petitioners. The suit for redemption of suit land was filed by the respondents on 19-1-1994, however, the respondents filed the written statement on 21-2-1995, wherein he raised the preliminary objections; time barred, res judicata and no cause of action, specifically apart from other and also controverted the facts of the case. From the divergent pleadings of the parties, seven issues were framed. Parties led their evidence and after concluding the case, the learned Trial Court vide judgment dated 17-3-2003, decreed the suit, however, the appeal of the petitioners was dismissed vide judgment and decree dated 13-9-2003. 3. Learned counsel for the petitioners contends that the suit of the respondents was hopelessly time-barred. The respondents have no cause of action and res judicata but both the Courts below have not considered these legal objections according to the available record of the case. Learned counsel for the petitioners further contends that Ex.D.1 & 2…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492