Law:

Section:

(a) Transfer of Property Act (IV of 1882)--S.60 --- West Pakistan Restitution and Redemption of Mortgaged Lands Act (XIX of 1964), Ss. 14, 15 & 17 --- Constitution of Pakistan (1973), Art. 185(3)--­Suit for redemption of mortgage of land in question --- Dismissal of suit by Trial Court as also by Appellate Court --- High Court decreed plaintiff's suit in its revisional jurisdiction --- Validity --- Leave to appeal was granted to consider question whether finding of High Court was erroneous and was based on misreading of evidence and misapplication of law; whether plaintiffs had earlier approached Civil Court and then withdrew suit on the ground that Civil Court had no jurisdiction in such matter and then they approached Collector for restitution and redemption of land in question under West Pakistan Restitution and Redemption of Mortgaged Lands Act, 1964, but their petition was dismissed as barred by time; whether Collector's order was never challenged in appeal or revision provided under Ss. 14 and 15 of the Act of 1964; whether jurisdiction of Civil Court to entertain any claim or enforce any right under mortgage was ousted in terms of S. 17 of the Act, whether plaintiff having based their claim on mutation dated 20-5-1922, same was relied upon by High Court in holding that suit was within time though original mortgage was created through mutation dated 13-3-1909; that there had been no acknowledgement proved for giving fresh start of limitation; and whether mutation, dated 20th May, 1922 did not pertain to land in question rather the same was regarding different land. (b) Transfer of Property Act (IV of 1882)--- ---- S.60 --- West Pakistan Restitution and Redemption of Mortgaged Lands Act (XIX of 1964), Ss.3, 10, 12 & 17 --- Civil Procedure Code (V of 1908), S.9 & O.XLI, R.23 --- Civil Court's jurisdiction to entertain and dispose of suit for redemption under Transfer of Property Act, 1882 --- Remand of case by High Court --- Validity --- High Court had rightly found that Courts below had erred in holding that provisions of West Pakistan Restitution and Redemption of Mortgaged Lands Act, 1964 were applicable and that plaintiffs having sought…

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