Law: Pakistan (Administration of Evacuee Property) Act (XII of 1957)

Section: 43(4)

Law: The Transfer of Property Act (IV of 1882)

Section: 58(c), 60

Law: Limitation Act (IX of 1908)

Section: 148

Law: Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949)

Section: 5

Law: Constitution of Pakistan, 1962

Section: 98

(a) Pakistan (Administration of Evacuee Property) Act (XII of 1957) S. 43(4) read with Administration of Evacuee Property Rules, r. 17-Revision or review Petition-Limitation-Limitation period as prescribed under r. 17 of Administration of Evacuee Property Rules-Not applicable to powers of Custodian to suo motu revise orders passed by subordinate authority. (b) Transfer of Property Act (IV of 1882) Ss. 58(c) & 60 --Mortgage by conditional sale-Right of redemption-Cannot be taken away by any stipulation in mortgage deed-Such right remains alive unless extinguished by act of parties or decree of Court or by limitation prescribed, by Art. -148, Limitation Act- Limitation Act (IX of 1908), Art. 148. The provisions contained in section 60 of the Transfer of Property Act are in- the nature of a statutory right to redeem the property in cases where the transaction falls within the definition of a mortgage as spelt out in the various clauses of section 58. Irrespective, therefore, of a stipulation contained in the mortgage deed that if the mortgage is not redeemed within. a specified period the land will stand sold to the mortgagee, the right of redemp tion shall continue in view of the statutory provisions specially enacted by the Legislature to keep alive the right of the mortgagor to redeem the property. Section 60 affirms the right of redemp tion in all mortgages and recognizes a right of redemption in mortgages by conditional sale. The section, in other words, affirms the maxim "once a mortgage always a mortgage". The doctrine of a clog on redemption is in fact a rule of justice, equity and good conscience. The right of redemption cannot be controlled by any agreement made as part of the transaction of mortgage itself in view of the clear provisions contained in section 60 of the Transfer of Property Act, although after the mortgage the mortgagor may deal as he pleases with his property and so the maxim "once a mortgage always a mortgage" has no reference to agreements subsequent to the mortgage. A mortgage with conditional sale held could be redeemed any time within the period of limitation as prescribed by Article 148 of the Limitation…