Law:

Section:

(a) Specific Relief Act (I of 1877)---------S. 42---Contract Act (IX of 1872), S.11---Limitation Act (IX of 1908), Ss.6, 13, 19 & Art. 148---Pakistan (Administration of Evacuee Property) Act (XII of 1957), Ss.2, 3 & 7---Displaced Persons (Land Settlement) Act (XLVII of 1958), S.25---Suit for declaration- --Mortgage was effected in year 1887---Period of 60 years to redeem mortgage expired on 27-1-1947---Property was treated as evacuee and allotted to claimant in year 1960---Plaintiffs filed suit on 22-7-1980 claiming that mortgage having been created during minority of their predecessors-in-­interest by their mother (defendant) was not binding on them, thus, same could not be treated as evacuee---Trial Court decreed suit, but Appellate Curt dismissed the same as being time-barred and that Civil Court had no jurisdiction---Validity---Predecessors of plaintiffs during their life time, after attaining majority, had not challenged mortgage within period of limitation---Plaintiffs in their application seeking redemption of mortgage filed before Collector in year 1971 had not challenged legality of mortgage---Plaintiffs could not be allowed to approbate and reprobate in respect of same transaction---Plaintiffs having consciously admitted mortgage as valid were estopped to challenge same on such ground--­Jamabandi for year 1956-57 [made beyond period of 60 years] finding mention of mortgage would not have effect, of acknowledgement of mortgage---No notification of Central Government acknowledging right of redemption of mortgagor existed---Mortgage stood terminated on expiry of 60 years on 26-1-1947 by operation of law---Period of limitation for redemption of mortgage having already expired, could not he frozen at the time, when evacuee mortgagee migrated to India---Right in suit-land vested in Central Government, free from all encumbrances for having stepped into shoes of non-Muslim evacuee---Jurisdiction of Civil Court stood barred by virtue of S.25 of Displaced Persons (Land Settlement) Act, 1958, after transfer of land to claimant---Plaintiffs had failed to specify any starting point of limitation based upon knowledge---Suit was time-barred---High Court…

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