Law: Transfer of Property Act, 1882

Section: 60

Law: Constitution of Pakistan, 1973

Section: 203-F

Law: Limitation Act, 1908

Section: 28,144,148

Transfer of Property Act (IV of 1882)--- ----S.60---Limitation Act (IX of 1908), S.28 (since omitted) & Arts.144 & 148---Suit for redemption of mortgaged property---Limitation---Contention of defendants was that they were mortgagee of suit property and after lapse of more than sixty years plaintiffs could not redeem the same---Validity---Defendants had not succeeded to get decree of foreclose of rights of mortgagor nor ever succeeded in getting decree from competent Court of law on prescription of their title before the target date---Plaintiffs had acquired proprietary rights over the suit property on 26-06-1958 while they had instituted the present suit in the year 2000---Period of limitation against the plaintiffs would commence from 26-06-1958 when they acquired proprietary rights---Present suit filed by the plaintiffs was within time---Every wrong entry in the record of rights did accrue fresh cause of action to the plaintiffs---Plaintiffs had option to file suit for declaration on every denial of rights---Defendants could not deny the proprietary rights of plaintiffs in the suit property nor could claim ownership---Plaintiffs had filed the present suit within prescribed period of limitation, in circumstances---Findings recorded by the courts below were not sustainable---Impugned s and decrees passed by the courts below were set aside, in circumstances---Suit was decreed subject to payment of mortgage money---Revision was allowed, in circumstances. Maqbool Ahmad v. Government of Pakistan 1991 SCMR 2063; Bilawar Khan v. Amir Sabir Rahman and another PLD 2013 Pesh. 38 and Salam Akhtars case PLD 2000 Lah. 385 rel. THIS JUDGMENT DELIVERED BY: IKRAMULLAH KHAN, J.---- Through the instant Revision petition, petitioners have challenged the impugned judgment and decree dated 18.2.2009 rendered by learned Additional District Judge, Mardan, whereby appeal of respondents Nos.1 to 20 was allowed and the judgment and order of learned trial Court dated 26.7.2006 was set aside. 2. In essence, respondents Nos.1 to 20 brought a suit against predecessor of petitioners and others before the Court of learned Civil Judge, Mardan, which was contested by…

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