| Citation(s) |
|---|
| 1994 SLG 387 1994 SLD 387 1994 PLD 331 |
Supreme Court of Pakistan
Civil Appeal No. 133 of 1992, decision dated: 10-01-1994 (On appeal tom the judgment/order of Peshawar High Court, Circuit Bench, Abbottabad, dated 16-11-1991 passed in C.R. 104 of 1989).
ABDUL QADEER CHAUDHRY AND SAEEDUZZAMAN SIDDIQUI, JJ
Muhammad Munir Paracha, Advocate Supreme Court with Khan Imtiaz Muhammad Khan, Advocate-on-Record for Appellants. M. Bilal, Senior Advocate Supreme Court and Ch. Akhtar Ali Advocate-on-Record.
Civil Appeal No. 133 of 1992, decision dated: 10-01-1994 (On appeal tom the judgment/order of Peshawar High Court, Circuit Bench, Abbottabad, dated 16-11-1991 passed in C.R. 104 of 1989).
ABDUL QADEER CHAUDHRY AND SAEEDUZZAMAN SIDDIQUI, JJ
Muhammad Munir Paracha, Advocate Supreme Court with Khan Imtiaz Muhammad Khan, Advocate-on-Record for Appellants. M. Bilal, Senior Advocate Supreme Court and Ch. Akhtar Ali Advocate-on-Record.
Malik AMAN and 3 others
VS
FIDA MUHAMMAD and S others
Law:
Section:
(a) West Pakistan Redemption and Restitution of Mortgaged Lands Act (XIX of 1964)------S. 3---Specific Relief Act (I of 18Th, S.42---Constitution of Pakistan (1973), Art.185(3)---Civil Court granting decree to mortgagees on the ground that mortgagors having failed to redeem land in question, within statutory period of sixty years, mortgagees had become its owners on expiry of said period--Validity---Leave to appeal was granted to consider whether in view of the law laid down by Supreme Court in Maqbool Ahmad's case 1991 SCMR 1063 decree granted in favour of mortgagees was a valid one. Maqbool Ahmad v. Hakoomat-e-Pakistan 1991 SCMR 2063 rel. (b) West Pakistan Redemption and Restitution of Mortgaged Lands Act (XIX of 1964)--- ----Ss. 5, 6 & 7---Civil suit to establish right in respect of mortgaged land--Competency---West Pakistan Redemption and Restitution of Mortgaged Lands Act, 1964, being a special statute where application for redemption of land was made to Collector under provisions thereof, Civil Court's jurisdiction to entertain any claim based on mortgage would not arise unless decision was given by Collector on such application---Civil suit having been filed in Civil Court in respect of mortgage, appropriate course for Civil Court was to stay proceedings of civil suit and to allow Authorities acting under the Act to take decision on the application filed by mortgagors in accordance with the provisions of West Pakistan Redemption and Restitution of Mortgaged Lands Act, 1964---Civil suit filed by mortgagees could be taken up by Civil Court for adjudication only after the decision of application for redemption of land by the Collector in accordance with provision of S.7, West Pakistan Redemption and Restitution of Mortgaged Lands Act, 1964---Case was remanded to Trial Court with direction that proceedings in suit would remain stayed until such time application filed by mortgagors before Collector -for redemption of mortgaged property was decided---Mortgagees could move Trial Court after decision- of Collector to take up suit for trial in accordance with law, if so advised. Ismail and 22 others v. Rehmat Ali and 15 others 1993 SCMR 92 ref. JUDGMENT…
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