Law: Constitution of Pakistan, 1973

Section: 2-A

Law: Transfer of Property Act, 1882

Section: 92

(a) Limitation Act (IX of 1908)-------Ss. 20, Art. 148 & S.28 [since Committed by Limitation (Amendment) Act (II of 1995)]---Transfer of Property Act (IV of 1882), S.92---Suit for possession through redemption of mortgaged land---Suit land jointly mortgaged in year 1910 by predecessor-in-interests of parties being real brothers inter se---Defendant's plea that plaintiff had redeemed suit land to the extent of his share in extent year 1953, while mortgage to the extent of defendant remained intact, thus, plaintiff's suit filed after 60 years, was time barred by virtue of Art. 148 of Limitation Act, 1908---Suit dismissed by Trial Court was decreed by Appellate Court---Validity---Defendant after having redeemed suit property on basis of decree obtained in year 1985 had become mortgagee to the extent of share of plaintiff on principle of subrogation contained in S. 92 of Transfer of Property Act, 1882---Revenue record and oral evidence supported possession of defendant over suit land and use of its usufruct as its owner as well as mortgagee to the extent of share of plaintiff since long---Defendant after having substituted original mortgagee by redeeming suit land had become entitled to reimbursement of mortgage amount paid by him in respect of share of plaintiff by stepping into shoes of original mortgagees---Possession of defendant after redemption of suit land could not be adverse to interest of other co-owner i.e. plaintiff---Every co-owner in possession of joint property would be enjoying possession on behalf of all co-owners and could not urge plea of adverse possession against his co-owners---According to S.20(2) of Limitation Act, receipt of rent or usufruct of mortgaged land by mortgagee in possession would be deemed to be acknowledgement of payment of debt, thus, time would be computed from date of such acknowledgment---Receipt of produce on every harvest would be deemed as an acknowledgment giving fresh start to period of limitation---Plaintiff in such case would have recurring cause of action on each harvest---Section 28 of Limitation Act, 1908 had been declared to be repugnant to Injunctions of Islam---Logic behind such declaration was that no…