Law: Punjab Restitution of Mortgaged Lands Act, (IV of 1938)

Section: 4,12

(a) Punjab Restitution of Mortgaged Lands Act (IV of 1938)------ ----S. 4-"At any time"-Petition cannot be lodged without regard for limitation for redemption. The words "at any time" occurring in section, 4 of the Punjab Act need not receive the unreasonable interpretation that the petition for redemption could be lodged without any regard for limitation. The Legislature seems to have assumed that the mortgage subsisting at the time of the promulgation of the Act, would still be subsisting when the petition under section 4 is presented to the Collector. On this view there would be no repugnancy between the Provincial Act and the Limitation Act. The law of limitation is included in Item 4 in the Con­current Legislative List of Schedule VII of the Constitution Act. If the Punjab Act is to be construed so as to do away with the law of limitation in respect of petitions by mortgagors for redemption of mortgages covered by the Act, then to that extent, the provisions of this Provincial Law would be repug­nant to the provisions of the Limitation Act which is an existing Pakistan Law dealing with matters included in the Concurrent Legislative List. Section 107 of the Constitution Act provides that the existing Pakistan Law in such circumstances whether passed before or after the Provincial Law, shall prevail and the Provincial Law shall, to the extent of the repugnancy, be void. An attempt, therefore, to read into the Punjab Act an implied provision abrogating the law of limi­tation for such petitions, would be bound to fail on this ground. (1946) 25 L L T 6 not approved. (1945) 24 L LT 11 ref. (b) Punjab Restitution of Mortgaged Lands Act (IV of 1938)----- ----- S. 12-Petition for redemption after expiry of 60 years­ Collector's order for redemption and restoration of possession without jurisdiction-Civil suit maintainable. The law is, well settled that orders and proceedings of Courts of special jurisdiction cannot be challenged in the ordinary Civil Courts if they are with jurisdiction. If, how­ever, those orders and proceedings are ab initio void for, want of jurisdiction, that the ordinary Civil Courts have the power to declare accordingly fit is clear in the…

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