Law: Limitation Act (IX of 1908)

Section: 19

  Limitation Act (IX of 1908)--- ----S. 19 & Art. 147---Acknowledgement for fresh start of limitation for redemption of mortgage---Mortgagees' claim of ownership of land in question, due to expiry of period of more than sixty years, whether hit by such acknowledgement---Entries of revenue record showed that mortgagees had created mortgage of land in question as also mutations of were executed by them within statutory period of sixty years-Such documents having been executed by mortgagees within sixty years of stipulated period constituted acknowledgement for purposes of fresh start of period of limitation for redemption of the mortgage---Mortgagees had, thus, not acquired rights of ownership in land in question, inasmuch as, requisite period of sixty years had not expired as yet in terms of the principle of acknowledgement as contained in S.19, Limitation Act 1980. Samar Gul v. Central Government and others PLD 1986 SC 35; Allah Diwaya and others v. Mst. Sughran Begum and others 1992 CLC 1416 and Mst. Zarmewa and 8 others v. Khial Bat Khan and 53 others 1992 SCMR 1804 rel. Government of West Pakistan v. Syed Zainul Ebad Rizvi PLD 1977 Kar. 297; Ralla Ram v. Bhana Mal and others AIR 1933 Lah. 33 and Said Akbar Khan and others v. Ali Muhammad 1992 CLC 1195 ref. Transfer of Property Act (IV of 1882)--- ----S. 60---Pakistan (Administration of Evacuee Property) Act (XII of 1957), S.3---Equity of redemption---Nature and effect of such right---Equity of redemption being non-evacuee could not have been treated as evacuee property---No declaration was necessary to be obtained from the Custodian for declaration of such non-evacuee interest.   Muhammad Khan and others v. The Chief Settlement and Rehabilitation Commissioner, West Pakistan and another PLD 1962 SC 284 rel. Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----Ss. 10 & 11---Civil Procedure Code (V of 1908), 0.1, R.10 & S.100-- Transfer of Property Act (IV of 1882), S.67---Mortgagees' suit for foreclosure of land ---Allottees of such land sought to be impleaded as a party in second appeal ---Effect---Allottees claiming title pendente lite could not be considered as…