GHULAM QASIM vs MEMBER BOARD OF REVENUE PUNJAB S — 2022 CLC 1060 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 CLC 1060 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: CLC
Parties: GHULAM QASIM vs MEMBER BOARD OF REVENUE PUNJAB S
Subject matter: Civil
Provisions referred to: S. 42---T; S. 60---S; Property Act (IV of 1882); Limitation Act

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

GHULAM QASIM VS MEMBER BOARD OF REVENUE PUNJAB S.42---Transfer of Property Act (IV of 1882), S. 60---Suit for declaration---Right of mortgagor to redeem---Limitation---Scope---Suit land was mortgaged with the petitioners-mortgagees by respondents-mortgagors in the year 1933---Respondents moved an application for redemption of their mortgaged land in the year 2004 which was accepted throughout the revenue hierarchy---Petitioners filed suit for declaration and challenged validity of orders passed by the revenue hierarchy---Suit was concurrently dismissed---Validity---Suit land was mortgaged in the year 1933 and its redemption period as stipulated under the Limitation Act, 1908, was sixty years, which if calculated from the date of mortgage was 1993, so, the mortgagors had right to apply for redemption of mortgaged land till said date but before completion of that period the condition of period imposed in the Limitation Act, 1908 was removed by the Supreme Court in Maqbool Ahmad v. Hakoomat-e-Pakistan [1991 SCMR 2063]---Case of the mortgagee's time to apply for getting declaration of their being full owners had not commenced---Application filed by the mortgagors before the revenue hierarchy for redemption of their land was competently dealt with---Courts below had not committed any illegality and irregularity by rendering the impugned decisions---Revision petition was dismissed, in circumstances.

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