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MUHAMMAD JAN vs ROSHAN GUL S — 2021 CLC 68 PESHAWAR-HIGH-COURT

Case information

Citation
2021 CLC 68 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
CLC
Parties
MUHAMMAD JAN vs ROSHAN GUL S
Subject matter
Civil
Provisions referred to
S. 60---L; Limitation Act (IX of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD JAN VS ROSHAN GUL S.60---Limitation Act (IX of 1908), Art.158---Suit for redemption---Limitation---Laches, doctrine of---Applicability---Plaintiffs were mortgagors of suit property and they had statutory right of redemption---Possession of mortgagee over the property would remain as mortgagee and would not stand converted into possession as owners thereof---Any clog on redemption of the mortgage would be invalid being violative to law and equity---Once a mortgagee was always a mortgagee---Where disputed transaction was one of the mortgage and not the sale then refusal to get the property redeemed would become recurring wrong on the part of mortgagee for which principle of laches was not attracted---When matter was referable to the law of limitation then question of laches would loose significance---No period of limitation did run against the mortgagors---Mortgaged property could be redeemed by the mortgagor at any stage without mischief of law of limitation barring redemption after the passage of sixty years---Courts below had properly exercised the jurisdiction vested in them---Revision was dismissed in limine, in circumstances.

Other judgments reported in 2021 CLC

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