DADU KHAN (DECEASED) vs GHULAM ABBAS Ss — 2022 SCMR 1893 SUPREME-COURT

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DADU KHAN (DECEASED) VS GHULAM ABBAS Ss. 3, 17 & Chapt. II---Redemption of mortgage---Bar on jurisdiction of Civil Court---Scope---Punjab Redemption and Restitution of Mortgaged Lands Act, 1964 has not barred the jurisdiction of Civil Courts to adjudicate on matters pertaining to redemption of mortgages insofar as Chapter II of the said Act is concerned. Head NotesCase Description Citation Name: 2022 SCMR 1893 SUPREME-COURTBookmark this Case DADU KHAN (DECEASED) VS GHULAM ABBAS S. 58---Mortgage---Concept of mortgage and rights of a 'mortgagor' and 'mortgagee' explained. Head NotesCase Description Citation Name: 2022 SCMR 1893 SUPREME-COURTBookmark this Case DADU KHAN (DECEASED) VS GHULAM ABBAS S. 4---Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss. 18 & 25 [since repealed]---Specific Relief Act, (I of 1877), S. 42---Redemption of mortgage---Bar on jurisdiction of Civil Court---Scope---Admittedly, the appellants (successors-in-interest of plaintiff) never challenged the mutation which vested in the Central Government mortgagee rights in the suit property, until 1979 by approaching the Civil Court---Nothing was available on the record to suggest that the appellants had ever approached the competent Revenue Officials for resolving their grievance in light of the ouster of jurisdiction in section 25 of the Displaced Persons (Land Settlement) Act, 1958 ('the Settlement Act')---Appropriate course for the appellants was to challenge the allotment made by the then Settlement Officers by exercising their right to appeal provided in section 18 of the Settlement Act, however, the appellants never challenged these allotments and also failed to approach the competent forum i.e. the competent Revenue Officer after the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975 ('the Repealing Act') for redressal of their grievances qua the suit land---Clear ouster of jurisdiction of Civil Courts was provided with respect to mortgaged land that had subsequently been declared an evacuee property under section 25 of the Settlement Act read with section 2 of the Repealing Act---Even if the appellants had the equitable right to redeem their property, their right to redeem the property stood extinguished after non-payment of the mortgage money within sixty years of the mortgage i.e. till 1976 after taking into consideration the limitation period that stood frozen from 1947 to 1960 until the suit land was allotted to the predecessor-in-interest of respondents for the first time in 1960---Even otherwise, the entire proceedings of declaratory suit before the Civil Court were coram non judice in light of the ouster of jurisdiction as per section 25 of the Settlement Act--- Trial Court as well as the High Court had rightly dismissed the suit of the appellants owing to a lack of jurisdiction to adjudicate the matter---Appeal was dismissed. Head NotesCase Description

DADU KHAN (DECEASED) vs GHULAM ABBAS Ss — 2022 SCMR 1893 SUPREME-COURT

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