Law:

Section:

(a) Pakistan (Administration of Evacuee Property) Act (XII of 1957) -- S. 25(2)(L)(S) Specific Relief Act (I of 1877), S.42 Limitation Act (IX of 1908), Ss. 19, 28 & Art. 148 Declaration of title ¬Redemption of mortgage land Limitation Failure to give notice under S.25(2)(L) of Pakistan (Administration of Evacuee Property) Act; 1957 Plaintiff filed a suit seeking declaration that suit7land was never mortgaged with non Muslims Plaintiff also assailed the entries in that behalf appearing in Revenue Record being incorrect and wrongly made at the time of attestation of mutation of inheritance Trial Court dismissed the suit treating it to be barred by time under Art.148 read with S.28 of Limitation Act, 1908 Judgment and decree passed by Trial Court was maintained by Appellate Court but High Court in exercise of revisional jurisdiction decreed the suit Validity Powers under S.25(2)(L) of Pakistan (Administration of Evacuee Property) Act, 1957, were delegated to Deputy Rehabilitation and Assistant Rehabilitation Commissioner to issue notice to local mortgagors to redeem the property within one month failing which the property would be liable to be auctioned under S.25(2)(s) of Pakistan (Administration of Evacuee Property) Act, 1957 No such notice was given to mortgagors and consequently from the acknowledgement of the right of redemption, a fresh period of limitation would be computed to exercise such right in terms of S.19 of Limitation Act, 1908 Limitation for the purpose of seeking redemption of mortgaged property in a civil suit would be counted from the date of acknowledgement of right of equity of mortgage If suit for redemption of mortgage would have been filed beyond the normal period of sixty years prescribed under the law, after acquisition of full ownership rights by Central Government, it would have been hit by bar of limitation under S.28 read with Art.148 of Limitation Act, 1908 In the present case only the mortgagee rights of non Muslim evacuee were with Central Government and since the right of equity of redemption of mortgagors stood acknowledged by memorandum dated 8 12 1959, the limitation of redemption of mortgage would be counted from the…

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