| Citation(s) |
|---|
| 1982 SLG 448 1982 SLD 448 1982 SCMR 1734 |
Supreme Court of Pakistan
Civil. Appeal No. 21 of 1971, decision dated: 30-06-1981.(On appeal from the judgment and order of the erstwhile West Pakistan (Lahore) High Court, dated 17-6-1969, passed in Writ Petition No. 1293 of 1967)
MUHAMMAD HALEEM, ACTG. C.J., MUHAMMAD AFZAL ZULLAH AND SHAFIURREHAMAN, JJ
Aziz Ahmad Bajwa, Advocate and Ghulam Mujtaba, Advocate-on-Record for Appellant. Inayat Hussain, Advocate-on-Record for
Respondents Nos, 1 to 4. Mian Nusratullah, Senior Advocate for
Respondent No. 15.
Civil. Appeal No. 21 of 1971, decision dated: 30-06-1981.(On appeal from the judgment and order of the erstwhile West Pakistan (Lahore) High Court, dated 17-6-1969, passed in Writ Petition No. 1293 of 1967)
MUHAMMAD HALEEM, ACTG. C.J., MUHAMMAD AFZAL ZULLAH AND SHAFIURREHAMAN, JJ
Aziz Ahmad Bajwa, Advocate and Ghulam Mujtaba, Advocate-on-Record for Appellant. Inayat Hussain, Advocate-on-Record for
Respondents Nos, 1 to 4. Mian Nusratullah, Senior Advocate for
Respondent No. 15.
HAKAM DIN
VS
MUHAMMAD JAMIL AND 14 OTHERS
Law:
Section:
(a) West Pakistan Redemption and Restitution of Mortgaged Lands Act (XIX of 1964)-----S. 10--Usufructuary mortgaged---Impugned showing High Court conscious of facts and circumstances of mortgage in dispute and in particular that a demand can be made by mortgaged with regard to interest on amount in question--High Court, held, interpreted stipulation in mortgage deed in context of other covenants in main body and its findings that it was a usufructuary mortgage, does not suffer from legal infirmity. Muhammad Mehdi Ali Khan's ease P L D 1959 S C (Pak.) 187 ref. (b) Transfer of Property Act (IV of 1882)- ------S. 58-Mortgage--Whether or not a particular mortgage falls within one or other definition contained in S. 58 of Act, held, depends upon circumstances of each case and in particular on phraseology used in each transaction. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.-This appeal through leave of this Court is directed against the judgment, dated 17-6-1969 of a Division Bench of the erstwhile West Pakistan (Lahore) High Court, whereby a Constitutional Petition against an order of Board of Revenue, arising out of a restitution order under the West Pakistan Redemption and Restitution of Mortgaged Lands Act (XIX of 1964), was dismissed. The facts which are relied upon by the appellant as basis for his case are: that on 1-9-1920, Bulaqi and Muhammad Sadiq predecessors in-interest of respondents Nos. 6 to 11 mortgaged over one hundred kanals of land against loan of Rs. 12,000 in favour of Buta Khan predecessor-in-interest of the appellant. The essential terms of the mortgage were that the possession of land was to be given to the mortgaged the mortgagors were to remain as tenants giving Batal to the mortgaged the interest on Rs. 8,700 was to be adjusted against the income from the land whereas interest at the rate of Annas 8 per mensem per cent was to be paid on Rs. 3,3G0 this part of interest could be demanded by the mortgaged but in case of non-payment, there was no provision for mode of recovery; as against this it was provided that it would become part of the principal amount ;.the mortgagor could redeem the land on payment of principal and interest in the month of…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492