Law: Limitation Act (IX of 1908)

Section: 148

(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated the 21st May 1965, and 21st June 1965, in R. S. A. No. 43 of 1962 and Order in C. M. No. 46 of 1965, respectively). Limitation Act (IX of 1908), Sched. I, Art. 148-Redemption of mortgage-Limitation-Mutation attested by Revenue Officer after death of mortgagor on basis of statement made by sons of mortgagor Patwari subsequently reporting during girdawari as to existence of mortgage-Such entry of Patwari's report in revenue paper did not by itself constitute evidence of mortgage-Transaction having remained inchoate, mortgage holding field was one entered on basis of statements of mortgagor's sons-Limitation for suit for redemption of mortgage started from date when mutation attested and not from date of Patwari's report. Respondents 3 to 17 : Ex parte. Date of hearing : 25th March 1970. ORDER MUHAMMAD YAQUB ALI, J.-The short question arising in this appeal by special leave is whether the suit brought by the respondents for redemption of 3/5th share of land included in Khata No. 465 in village Garh Munara, tehsil Swabi, district Mardan, is barred by time. The Courts below have concurrently held that the mortgage in favour of Abdul Karim, the predecessor-in-interest of the appellants, took effect from 19-2-1899 when mutation No. 44 was attested by the Revenue Officer on the basis of the statement made by the sons of Zaffar Khan, the first mortgagor of the land. The suit filed on the 19th February 1959, was in that case clearly within time as provided in Article 148, Schedule I of the Limitation Act. The appellants, however, relied on the report by the Patwari on 1-11-1897 that in the course of carrying out Girdawari of crops he was informed that the land comprised in the suit herein was mortgaged by Zaffar Khan to Abdul Karim for the sum of Rs. 114 and that possession had been delivered to the mortgagee. It was…