Law: West Pakistan Redemption and Restitution of Mortgaged Lands Act, 1964

Section: 14(2)

Law: Transfer of Property Act (IV of 1882)

Section: 52

Law: Limitation Act (IX of 1908)

Section: 19 , 28

  West Pakistan Redemption and Restitution of Mortgaged Lands Act (XIX of 1964)--- ----S. 14(2)---West Pakistan Land Revenue Act (XVII of 1967), S.161-- Revision filed under S. 161 of the Land Revenue Act could be treated as appeal under 5.14(2). Mortgagee Lands Act where matter involved question of right in property which should not be ousted on mere technicality. PLD 1986 SC 35; 1980 CLC 583 and PLD 1978 Lah. 71 ref. Transfer of Property Act (IV of 1882)--- ----S. 52---Proprietary rights of land in question transferred through mutation during pendency of litigation---Proprietary rights could not have been transferred during pendency of appeal under S.52 of the Transfer of Property Act without permission of Court---Mutations of land in question, being violative of law and void ab initio were set aside in circumstances. Limitation Act (IX of 1908)--- ----Arts.  19  &  28---Redemption  of  mortgaged  property ---Acknowledgment-- Property in question, having been mortgaged, various steps during course of mortgage period constituted acknowledgement---Limitation for redemption would, thus, run from date of acknowledgement and not from date when property was originally mortgaged. PLD 1986 SC 35 rel.   Sheikh Inam Karim for Petitioners. Mian Manzoor Hussain for Respondents. ORDER One Pallya father of petitioner No.1 mortgaged the suit land measuring 14 Kanals and 15 Marlas situated in village Billu Sandila, Tehsil Alipur, District Muzaffargarh to Saju Ram, non-Muslim vide Mutations Nos.288 and 299 on 12-3-1901. In 1947, the mortgagee left Pakistan and the land was placed in subsequently it was allotted to the respondents in 1967 against their verified claim. Later on the petitioners applied for the redemption of the said land to the AC/Collector who on 28-5-1984 rejected their application. The petitioners then went in appeal before the Additional Commissioner but to no avail. Hence this revision petition. The learned counsel for the petitioners argued that 14 Kanals 15' Marlas land was mortgaged to Hindus by the predecessor-in-interest of the petitioners on 12-3-1901. Upon creation of Pakistan mortgagee rights were…