Law:

Section:

Transfer of Property Act (IV of 1882)---.--- ---.---S. 60---.---Limitation Act (IX of 1908), S. 20 (2)---.---Suit for possession through redemption---.---Novation of contract---.---Effect---.---Limitation, commencement of---.---Usufructuary mortgage---.---Scope---.---Suit land was mortgaged for 60 years but before the expiry of limitation subsequent mutation was attested showing novation of contract---.---Mortgagee rights were further transferred prior to expiry of period fixed in the mortgage deed and fresh period for next 60 years would start from the date of subsequent mutation of mortgage---.---Defendant acquired mortgagee rights with the knowledge that previous mortgagees were not owner of the property which would amount the acknowledgment of facts that a fresh contract had been executed---.---Time for filing suit for redemption of mortgage would start from the date of attestation of subsequent mutation---.---Time for initiating proceedings for redemption would be deemed to have extended automatically for onward next 60 years---.---Present suit was within time---.---No question of attaining title by mortgagees on prescription on expiry of 60 years would arise---.---Mortgagee in question was usufructuary in nature who had been enjoying and receiving the usufructs ever since creation of mortgage---.--W.here mortgagee were in possession and were receiving the usufructs of suit land then such receiving of usufructs would be considered as an "acknowledgment" of mortgage---.---Every receipt of usufruct would give rise to a fresh period of limitation---.---Question of novation, usufructuary mortgage and limitation had correctly been appreciated by the courts below---.---Findings recorded by the courts below were based on proper appreciation of evidence---.---Revision was dismissed in circumstances. Nawaz Ali Khan v. Nawab Zada PLD 2003 SC 425; 2009 SCMR 191; PLD 1989 SC 688 and 2007 SCMR 805 ref. PLD 2003 SC 412; 2003 MLD 1537 and 2003 SCMR 299 distinguished. Muhammad Maqbool v. Federal Government 1991 SCMR 2063; and Muhammad Iqbal v. Ghousuallah Khan and others 2002 CLC 1533 and Abdul Haq v. Ali Akbar and others 1999 SCMR 2531 rel. THIS JUDGMENT DELIVERED BY:…

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