Law:

Section:

(a) Transfer of Property Act (IV of 1882)-------S. 60---Transaction of mortgage---Subsistence for lifetime---Condition imposed on mortgage to be for lifetime whether clog on equity of redemption---Word "clog"---Connotation---Clog is restriction or impediment so as to make the redemption absolutely impossible---Temporary obstacle or impediment would not amount to clog for such temporary impediments were created in cases of mortgages which were so created for specific period and which could not be redeemed before the expiry of that period---Possible length of limitation could be as much as it was agreed upon between the parties---No specific limitation was provided in law---Mere length of period of mortgage agreed upon between the parties would never be a clog on the equity of redemption---Where condition imposed was that mortgage in question would last till the last one of four mortgagees was dead, such condition could not be deemed to be clog on equity of redemption for such condition could not render redemption to be impossible and right to redeem would accrue with the death of mortagagees---Length of mortgage was thus, never a clog on equity of redemption. AIR 1929 Oudh 54; AIR 1959 Madh. Pra. 200; AIR 1958 SC 770; PLD 1979 SC (AJ&K) 74 and Mst. Khatija and others v. Mst. Raheela and others PLD 1982 Azad J&K 17 rel. (b) Words and Pharases-------- ---"Clog"---Connotation. Malik Muhammad Bashir for Petitioners. Dost Muhammad Khan for Respondents. Date of hearing: 19th February, 1995. JUDGMENT Through Mutation No.462 attested on 9-2-1956 in Mouza Mad Azam Danda Khel, District Bannu, Mubarik Ali Khan and Muhammad Ali Khan sons of Meena Khan had mortgaged their property in favour of Seena Bibi, daughter of Meena Khan, Noor Jehana, Zaroof Jana and Bukhari Jana daughters of Zareen Khan against a mortgage amount of Rs.7,000. The condition imposed on the mortgage was that it had to subsist for lifetime. The real words written in column No.13 of the mutation and in order of the Revenue Officer were 'TAHIN HAYAT'. This transaction was subsequently re-enforced by a registered mortgage deed No.28 dated 10-6­1956 registered on 25-6-1956 whereby the rights of the…

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