Law: Transfer of Property Act, 1882

Section: 60,61

Law: Limitation Act, 1908

Section: 19,20(1)

Transfer of Property Act (IV of 1882)----Ss. 60 & 61---Limitation Act (IX of 1908), Ss.19 & 20(1)---Joint mortgage---Redemption of---Limitation---Relevant mutation indicated that in the order of the Revenue Officer it was not mentioned that the joint mortgage, would operate separately--Mortgage being a joint mortgage on behalf of two persons and they happening to be the co-sharers each one would, therefore, be considered as an owner in each and every inch of land and when one of them redeemed the property, it would be considered as redemption of not the partial property but of the entire one in partial measurement and on behalf of both the mortgagors---Even one of the mortgagors could redeem the property and redemption mutation operated as novation of contract---Where, in a joint mortgage, one of the mortgagors redeemed within the statutory period of 60 years, time stood extended and the remaining land could be redeemed within a further period of 60 years---Enjoyment of usufruct and the receipt of produce every time by the mortgagee amounted to acknowledgment giving fresh start to limitation---Principles. Khair Din v. Ghulam Muhammad 1989 SCMR 688 and Abdul Haq v. Ali Akbar 1999 SCMR 2531 fol. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.---Ahmad Khan (now dead, represented by legal heirs) had filed this petition seeking leave of the Court to appeal from judgment dated 29-4-2003 of a learned Judge in Chambers of Lahore High Court whereby his Regular Second Appeal was dismissed. 2. Briefly, a property measuring 517 Kanals, 8 Marlas, belonging to one Abdur Rehman and Shah Nawaz, was mortgaged through Mutation No.1631 attested on 21-1-1898, in favour of one Gulbaz Khan father of Ahmad Khan, aforesaid. It was a joint mortgage where Abdur Rehman owned 264 Kanals, 12 Marlas while Shah Nawaz was the owner of 252 Kanals, 16 Marlas. The mortgage amount was Rs.81. Abdur Rehman partially redeemed some property through Mutation No.424 attested on 29-11-1932. Subsequently, he had been mortgaging and redeeming from time to time but lastly he mortgaged the property in favour of the successors of the same mortgagee through Mutation No.3680 attested on 23-10-1946. 3. He filed…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492