Law:

Section:

(a) West Pakistan Redemption and Restitution of Mortgaged Lands Act (XIX of 1964)--Chap.II [Ss.3 to 9]---Civil Procedure Code (V of 1908), S.9---Redemption of mortgage---Suit for possession through redemption---Jurisdiction of Civil Court was not barred. The provisions of Chapter II of the West Pakistan Redemption and Restitution of Mortgaged Lands Act, 1964 make it amply clear that it provides remedies to the mortgagors for summary and quick disposal of application for redemption of certain specified types of mortgages on deposit of mortgage amount before the actual order of redemption as per sections 3 to 9 of Chapter II of the Act. Under section 7 thereof the orders of redemption are final so long as any party aggrieved by the same does not institute a suit to establish his rights in respect of the mortgage. Thus it is obvious that section 3 of the Act affords an additional remedy to the mortgagor to redeem the type of mortgages mentioned in section 3 through an application and does not exclude the jurisdiction of the Civil Court to try regular suits of redemption if the mortgagor chooses that remedy. Section 9 of the Civil-Procedure Code confers exclusive jurisdiction on the Civil Court to try all suits of civil nature and suit for redemption of mortgage being a suit for possession through redemption, admittedly is a suit of civil nature and the Civil Courts shall have the jurisdiction to entertain it unless their jurisdiction is specifically barred by any statute. Since there is no express provision in the Act barring jurisdiction of the Civil Court to entertain suits for redemption of mortgages, the provision of section 9 of Civil Procedure Code remains unaffected and the Civil Courts have the jurisdiction to entertain and dispose of suits for redemption under the Transfer of Property Act, 1882. (b) West Pakistan Redemption and Restitution of Mortgaged Lands AM (XIX of 1964)-- ----Chap. III [Ss.10 to 17]---Restitution of mortgage---Procedure to be adopted by mortgagor for restitution. Chapter III of the Act deals with the restitution of mortgages which empowers the Collector to restitute subsisting mortgages not less than twenty years old or the…

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