Law:

Section:

(a) Limitation Act (IX of 1908)-------S. 19---West Pakistan Redemption and Restitution of Mortgaged Lands Act (XIX of 1964), S.3---Property was mortgaged in 1896, mortgagees sold their rights of mortgaged land through mutation in 1950 which referred that vendors sold their mortgage rights which acknowledgement showed that they were the mortgagees---Fact of mortgage having been acknowledged in 1950, period of 60 years for redemption was thus far away---Mortgagee was entitled to redeem the land on payment of the mortgage amount. Samar Gul v. Central Government and others PLD 1986 SC 35 and Faqir Gul and others v. Abdul Rehman 1999 CLC 46 fol. (b) West Pakistan Redemption and Restitution of Mortgaged Lands Act (XIX of 1964)--- ----S. 17---Limitation Act (IX of 1908), S.19---Additional Commissioner and Member, Board of Revenue misinterpreted the principle of acknowledgement contained in S.19 of Limitation Act, 1908--­Proceedings before both the forums had been rightly challenged before Civil Court being Court of ultimate jurisdiction---Section 17 of the West Pakistan Redemption and Restitution of Mortgaged Lands Act, 1964 protected only the proceedings conducted in accordance with law and in good faith. (c) Limitation Act (IX of 1908)--- ----S. 19--- Civil Procedure Code (V of 1908), S.115---Concurrent finding of fact recorded by two Courts below on the question that period of limitation had not expired being based on evidence could not be interfered by High Court in exercise of revisional jurisdiction. Ch. Muhammad Tufail for Petitioners. Ch. Nusrat Javed Bajwa and M. Aslam Malik, A.A.-G. for Respondents. Date of hearing: 7th April, 2003. JUDGMENT Tanveer-ul-Haq etc. respondent/plaintiff filed petition under Redemption and Restitution of Mortgaged Lands Act, 1964 regarding 4 Kanals of land mortgaged by their predecessor. This application was accepted by the Collector. However, the appeal filed against the order of the Collector was accepted. The revision petition filed by the respondent in Board of Revenue was dismissed vide order dated 24-1-1991. The respondent challenging the order of the Additional Commissioner (Revenue) dated 11-6-1988 and Member, Board of…

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