Law: Displaced Persons (Land Settlement) Act, 1958

Section: 18,25

Law: Transfer of Property Act, 1882

Section: 58

Displaced Persons (Land Settlement) Act, 1958 (XLVII of 1958)-- ----Ss. 18 25 r/w Section 2 of Repealing Act--Suit for declaration for redemption of mortgage--Fardbdar was prepared and redemption of mortgage was entered--Cancellation of--Suit land was treated as evacuee property--Transfer to Central Government--Dismissal of suit--Matter was remanded by Supreme Court--Suit was dismissed after post remand proceeding--Revenue authorities were never approached by appellants for redressal of their grievance--Lack of jurisdiction--Challenge to--Capital sum had not been paid by 1936 and that payment of capital sum was still due on Appellants--Suit had been filed well after six-year limitation period prescribed for filing of declaratory suits--Amar Chand would not fall within definition of a “defendant” for purposes of Section 13 of Limitation Act and as a result, limitation would still run even after 1947--If Appellants had right to redeem land, then subsequent mortgagee had stepped into shoes of Amar Chand had been invested with all mortgagee rights associated with suit land--Appellants never challenged allotments and also failed to approach competent forum for redressal of their grievances--Entire proceedings before Civil Court were coram non judice in light of ouster of jurisdiction as per Section 25 of Settlement Act--Trial Court as well as High Court had rightly dismissed suit of Appellants owing to a lack of jurisdiction to adjudicate matter--Appeal dismissed. [Pp. 136, 137, 141 142] B, C, D, E, F G Transfer of Property Act (IV of 1882)-- ----S. 58--Mortgage--A mortgage is a contract between two parties (i.e. a borrower/mortgagor and a lender/mortgagee) where a capital sum of money is lent in exchange for a proprietary interest in land. [P. 132 133] A JUDGMENT Ijaz-ul-Ahsan, J.--Through the instant Appeal, the Appellants have challenged the judgment of the Lahore High Court, Rawalpindi Bench, Rawalpindi dated 09.12.2015 (hereinafter referred to as the “Impugned Judgment”) wherein the judgment and decree of the Additional District Judge, Attock (hereinafter referred to as the “Appellate Court”) was set aside and the judgment and decree of the Senior Civil Judge,…

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