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

Section: 10

Law: Transfer of Property Act (IV of 1882)

Section: 58(d), 68(1)(a), 67

West Pakistan Redemption and Restitution of Mortgaged Lands Act (XIX of 1964), S. 10 read with Transfer of Property Act (IV of 1882), Ss. 58(d), 68(1)(a) & 67-Mortgage, restitution of-Mortgagee under terms of mortgoge authorised, after expiry of three years, to recover amount from mortgaged lands and as such to sue for sale of mortgaged property-Mortgagee also authorised to recover amount from person and ocher property of mortgagors-Mortgagors hating made themselves personally liable for debt and allowed mortgagee to recover debt from mortgaged and otter property of mortgagors, mortgage, held, not a usufruc tuary mortgage and S. 10- of Act XIX of 1964 not applicable to case. In the present case, the mortgagee, according to the mort gage deed, could, after the expiry of three years, recover the amount from the mortgaged land. In other words, he could sue for the sale of the mortgaged property. He could also, if he was not able to recover the entire amount by the sale of the mortgaged property, recover the amount personally from the mortgagors. The mortgagors thus made themselves personally liable for the mortgage debt. In order that a mortgage may be usufructuary, there should be no personal liability of the mortgagor nor there should be a right in the mortgagee to sue for sale of the mortgaged property. Both these conditions were present in the deed of the present case. It was thus not a usufructuary mortgage. Lachhman Singh v. Natha Singh A I R 1940 Lah. 401 and Ram Naraln Singh v. Adindra Nath A I R 1916 P C 119 ref. Muhammad Saeed v. Abdul Alim A I R 1947 Lah. 40 and Akbar Ali v. Mufijuddin A I R 1942 Cal. 55 rel. Date of hearing : 2nd June 1972.                                                                                                                                 JUDGMENT The land in dispute measuring 152 kanals 12 marlas situate…