Law:

Section:

(a) Limitation Act (IX of 1908)----S. 19---Acknowledgment of liability in respect of property or right has necessarily to be made in writing signed by the party against whom such property or right is claimed. (b) Limitation Act (IX of 1908)--- ----S. 19 & Art. 148---Transfer of Property Act (IV of 1882), S. 58---North-West Frontier Province Restitution of Mortgaged Lands Act (XXXII of 1950, S. 8--­Suit in respect of mortgaged property ---Limitation---Acknowledgment--­Incumbent upon the mortgagors to prove acknowledgment giving fresh start to the period of limitation within the four corners of the relevant law relied applicable on the point---Such acknowledgment has to be in writing and signed by the person making it to attract S. 19, Limitation Act, 1908---Creation of sub-mortgage, unless in writing and signed by the mortgagors (original mortgagees) and proved in Court of law as a fact would not amount to acknowledgment within the meaning of S.19, Limitation Act, 1908. Zarif Khan and others v. Muhammad and others PLD 1983 Pesh. 58 approved. Allah Bakhsh's case 1988 MLD 9.22 not correct law. Mst. Chandalinju and others v. Raghunathsingh and others AIR 1952 Madh. Bha. 177; Lala Ganga v. Lachman (1924) 85 I.C.633 (All.); M.C.Kadir v. Abdul Latif PLD 1970 Kar. 708 ref. (c) North-West Frontier Province Restitution of Mortgaged Lands Act (XXXII of 1950)--- ----S. 8---Limitation Act (IX of 1908), S.19---Where as between the owner mortgagor and the sub-mortgagee, there was no privity of contract and acknowledgment such as may have the effect of extending the redemption period, contention that S.8, North-West Frontier Province Restitution of Mortgaged Lands Act, 1950 had by deferring the restitution to the expiry of 15 years to the. sub-mortgagee had necessarily extended the period for redemption of the mortgage itself by the number of years short of 15 was erroneous--What happened between the mortgagee and sub-mortgagees and the effect of restitution without payment would have nothing to do with the right of redemption on payment whatever was due. JUDGMENT SHAFIUR RAHMAN, J.--The plaintiffs/appellants happened to be the mortgagees under the defendants/respondents…

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