Law: Civil Procedure Code, 1908

Section: 115

Law: Limitation Act, 1908

Section: 20(1), 20(2) 148, 28

Law: Transfer of Property Act, 1882

Section: 58(d),

REMARKS

In Maqbool Ahmad Vs Government of Pakistan (1991 SCMR 2063) section 28 of the Limitation Act, 1908 has been declared against injunction of Islam and the cutoff date was 31.08.1991, meaning thereby that after cutoff date no one can claim his right on the basis of prescription for claiming right under prescription one has to get declaratory decree from the competent court of law and that too before the cutoff date 31.08.1991.

SUMMARY:Redemption Rights
or
Mortgage Dispute
The petitioners (mortgagees) challenged a judgment that allowed the respondents (mortgagors) to redeem a mortgaged property after about 80 years. The court upheld the lower court's decisions, citing that the mortgage was usufructuary, and under Section 20(2) of the Limitation Act, 1908, every receipt of crop/produce resets the limitation period. The court emphasized that title cannot be claimed by prescription without a decree before 31.08.1991 due to the Maqbool Ahmad case ruling. The revision petition was dismissed.