Law: Constitution of Pakistan, 1973

Section: 185(3)

Mortgage--Limitation Act (IX of 1908), Arts.19 & 148--Constitution of Pakistan (1973), Art.185(3)--Respondents' land was mortgaged with non-Muslim evacuee, 1/4th of which was got redeemed within statutory period of sixty years--Time stood extended by such redemption and remaining land could be redeemed within further period of next sixty years--Respondents having been held entitled to redeem the land within further extended time, leave to appeal was refused in circumstances. Sheikh Abdul Aziz, Advocate Supreme Court, instructed by Rana Maqbul Ahmad Qadri, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 5th November, 1988. ORDER JAVID IQBAL, J.--This petition for (cave to appeal is directed against order, dated 8 April, 1981 passed by a Division Bench of the Lahore High Court, Lahore in writ petition filed by the petitioners. Briefly the facts are that the respondents filed applications for the redemption of mortgage of two parcels of land situate in Village Hindwan Tehsil Shahpur District Sargodha. The property in dispute was mortgaged with possession with non-Muslim evacuee on 14 June, 1896 through registered mortgage deed. Out of the whole mortgaged land a portion measuring 92 Kanals so mortgaged was redeemed by the mortgagors in 1945. Since the property in question as a whole was not redeemed within the statutory period it was treated as evacuee property and was allotted to one Khair Din who sold it further to others. In the year 1947 the mortgagees had migrated to India and thereafter the mortgagors took possession of the said land and the same way in their possession uptodate. After consolidation operation the mortgaged land was adjusted into two plots and therefore two applications were filed for redemption by the respondents before the Deputy Custodian Evacuee Property. It was contended before him on behalf of the respondents that the disputed land was originally mortgaged in 1896…

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