Law: Punjab Redemption and Restitution of Mortgaged Lands Act, 1964

Section: 3,7,8

Law: Limitation Act, 1908

Section: 148

Punjab Redemption and Restitution of Mortgaged Lands Act (XIX of 1964)--- ----Ss. 3, 7, 8---Limitation Act (IX of 1908), First Sched., Art. 148---Application for redemption of mortgage under section 3 of the Punjab Redemption and Restitution of Mortgaged Lands Act, 1964 (the Act)---Limitation---Second application barred---First application for redemption of mortgage was filed in or about 1972 within the limitation time, but the same was rejected---Thereafter, neither the predecessor-in-interest nor the contesting respondents themselves did anything---First application of 1972 was not renewed before the revenue authority who did have jurisdiction under the Act nor was any suit for redemption filed in the civil courts---Several decades passed, and it was not until the Board of Revenue (the Board) issued, in 2002, a purported memorandum enlarging the time for deposit of money due up to 20-6-2003 that the contesting respondents filed a fresh (second) application under the Act---Board did not have the power to extend the period of limitation under the Act to revive claims that had become time barred for purposes of filing an application under section 3 of the Act---In any case, and more importantly, the second application under section 3 had become barred and did not lie by reason of section 8 of the Act---No suit for redemption was admittedly filed---Therefore, the revenue authorities were quite correct in dismissing the second application for redemption of mortgage---Appeal was dismissed. JUDGMENT MUNIB AKHTAR, J.---This appeal was allowed on 18.10.2022 by a short order, for detailed reasons to be recorded later. Those reasons are set out below. 2. The appeal arose in the following circumstances. The predecessors-in-interest of the contesting private respondents ("contesting respondents") mortgaged certain land with a mortgagee (who was a non-Muslim) by means of a registered mortgage deed sometime in 1902. The term of the mortgage was 20 years. At Partition the mortgagee migrated to India and became an evacuee in terms of the evacuee laws that were enacted after Independence. In terms of those laws, his rights as mortgagee vested in the Custodian (an office…

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