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

Section: 5 ,7(1)

Law: Transfer of Property Act (IV of 1882)

Section: 60

Law: Limitation Act (IX of 1908)

Section:

a) Pakistan (Administration of Evacuee Property) Act (XII of 1957)  Ss. 5 & 7(1)-Redemption of mortgage--Limitation--Operation of any statutory provision contrary to S.5-Put at standstill and subsisting right on March 1, 1947 vested in Custodian and also deemed to so vest subsequently-Limitation for redeeming mortgage-Held, ceases to run against Custodian by virtue of saving provision of S. 5. P L D 1971 Lah. 77 ref. (h) Transfer of Property Act (IV of 1882) S. 60 read with Limitation Act (IX of 1908), Art. 147--Redemption of mortgage-Limitation--Period or 60 years not elapsing on day when evacuee property vested in Custodian but elapsing only sub sequently-Limitation, held, did not continue, to run against Custodian even after 1st day of March 1947, when property vested in Custodian-Pakistan (Administrat n of Evacuee Property) Act (XII of 1957), S. 5. (c) Limitation Act (IX of 1908) S. 13-Redemption of mortgage-Limitation-Non-Muslim evacuees having migrated to India, beyond territorial limits of Azad Kashmir-Time for redemption of mortgage, held, ceased to run against theta and Custodian. P L D 1978 Lah. 71 ref.                                                                                                                                  ORDER SARDAR SAID MUHAMMAD KHAN, J.--The brief facts resulting in the present writ petitions are that land measuring 39 kanals and 3 marlas comprising Survey Numbers 185 and 185-min situate in village Jarai tebsil Kotlt was mortgaged by Ghulam Ali to one Dm son of Boota Dittoo son of Wahab Din and Jiwan son of Sher Khan before 1961 13k. Din son of Boota and Jiwan.son of Sher Khan mortgagees had died and the petitioners are in possession of the disputed land as heirs of mortgages. Ghulam Ali transferred the proprietary rights of the suit land to Khaim Davi and other non-Muslim evacuees sometimes in…