Law:

Section:

Khyber Pakhtunkhwa Redemption and Restitution of Mortgaged Lands Act (XIX of 1964)--- ----S. 3---Transfer of Property Act (IV of 1882), S. 67---Limitation Act (IX of 1908), Ss. 19, 20 & 28 & Art. 148---Usufructuary mortgage---Redemption of mortgaged land--- Limitation--- Application for redemption of mortgaged land was dismissed being time barred---Validity---Mortgagee of immovable property if not succeeded to obtain a decree for foreclosure or sale in terms of S. 67 of Transfer of Property Act, 1882 or a declaratory decree in terms of S. 28 of Limitation Act, 1908 on the basis of prescription before the target date i.e. 31-08-1991 could not be awarded any decree---Mortgagees had filed suit for the purpose to be declared as owner of mortgaged property but same had been dismissed---Revenue hierarchy had reckoned the period of limitation from the creation of first mortgage of suit property---Provision of Art.148 of Limitation Act, 1908 would not apply to usufructuary mortgage---When mortgagee was in possession of mortgaged property and had received usufruct then same should be deemed to be a payment of mortgaged money as well as its acknowledgement---Fresh period of limitation should be computed from time when such payment was made---Period of limitation in such like situation should be reckoned from the last transfer of right of mortgage and not from the first creation of usufructuary mortgage---Impugned orders passed by the revenue hierarchy were set aside and suit property was restored/redeemed to the mortgagor in lieu of mortgaged money---Mortgagor should deposit the mortgage consideration in the Trial Court within a month---Constitutional petition was allowed in circumstances. Maqbool Ahmed v. Hakoomat-e-Pakistan 1991 SCMR 2063; Muhammad Iqbal and 17 others v. Ghaunshullah Khan and 17 others 2002 CLC 1533; Baidullah Jan v. Hawas Khan PLD 2002 Pesh. 92; Abdul Haq v. Ali Akbar 1998 CLC 129; Nawaz Ali Jan v. Nawabzada and others PLD 2003 SC 425 and Abdul Haq v. Ali Akbar 1999 SCMR 2531 rel. THIS JUDGMENT DELIVERED BY: IKRAMULLAH KHAN, JUSTICE:---.--- Petitioner invoked the jurisdiction of this Court through instant writ petition under Article 199 of the…

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