| Citation(s) |
|---|
| 1997 SLG 502 1997 SLD 502 1997 PLD 733 |
Lahore High Court
Civil Revision No. 815 of 1997, heard on 27th June, 1997
IJAZ AHMAD, J
Ch. Muhammad Abdul Saleem for Petitioners. Syed.Tanseer Asghar for
Respondents
Civil Revision No. 815 of 1997, heard on 27th June, 1997
IJAZ AHMAD, J
Ch. Muhammad Abdul Saleem for Petitioners. Syed.Tanseer Asghar for
Respondents
Mst. BILQEES MALIK and 3 others
VS
Rana MUHAMMAD IFTIKHARUDDIN and 7 others
Law:
Section:
Transfer of Property Act (IV of 1882)--- ----S. 60---Limitation Act (IX of 1908), S.19---Civil Procedure Code (V of 1908), S.115---Redemption of mortgage---Limitation---Original mortgage deed was scribed and became effective on 15-12-1922---Original mortgagees executing subsequent mortgage with effect from 6-2-1933---Suit for possession by redemption filed on 25-1-1993 whether within limitation---Creation of submortgage being in writing, signed by mortgagors (original mortgagees) and having been registered and proved in Court of law, would amount to acknowledgment within meaning of S.19, Limitation Act, 1908---Time for redemption would, thus, start from subsequent date of mortgage deed dated 6-2-1933---Suit for possession through redemption filed on 25-1-1993 being within statutory period of sixty years was thus, within time. Sammar Gul v. Central Government and others.PLD 1986 SC 35; Ahmad v. Sh. Abdullah and others 1993 CLC 1136; Rulia Ram v. Bhana Mal and others AIR 1993 Lah. 33; Muhammad Zaman v. Abdul Malik Khan PLD 1991 SC 524; Zarif Khan and others v. Muhammad and others PLD 1983 Pesh. 58; Board of Intermediate Education v. Khalid Mahmood 1985 CLC 657 and N.S. Venkatagiri Ayyangar and another v. The Hindu Religious Endowments Board, Madras PLD 1949 PC 26 rel. Muhammad Zaman and 8 others v. Abdul Malik Khan and 7 others PLD 1991 SC 524; Sammar Gul v. Central Government and others PLD 1986 SC 35; Ahmad v. Sh. Abdullah and others 1993 CLC 1136; Rulia Ram v. Bhana Mal and others AIR 1993 Lah. 33 and Sadhri Ran v. Dr. Gargi Din and others AIR 1924 All. 458 ref. JUDGMENT The material facts out of which the present revision petition arises are as follows: That house F-2690 in question is situated in Bazar Chuna Mandi, Chowk Moti Bazar, Lahore which was originally owned by Ghulam Rasul. The said Ghulam Rasul mortgaged the house with possession to Syed Inayat Hussain shah and Syed Sardar Shah for Rs.4,500 vide mortgaged deed dated 15-12-1922 on 5-1-1923. The abovementioned mortgagees sold their mortgage rights in favour of Malik Mahraj Din the ancestor of petitioner defendants Nos. l to 4 vide mortgage rights sale-deed dated 6-2-1933 which was also registered on…
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