MUHAMMAD IQBAL vs ISLAMIC REPUBLIC OF PAKISTAN through Secretary Revenue, Federal Secretariat, Islamabad Ss — 2023 CLC 981 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 981 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: MUHAMMAD IQBAL vs ISLAMIC REPUBLIC OF PAKISTAN through Secretary Revenue, Federal Secretariat, Islamabad Ss
Subject matter: Civil
Provisions referred to: S. 19; Limitation Act (IX of 1908); 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

MUHAMMAD IQBAL VS ISLAMIC REPUBLIC OF PAKISTAN through Secretary Revenue, Federal Secretariat, Islamabad Ss.42 & 54---Limitation Act (IX of 1908), S. 19 & Art. 148---Suit for declaration, injunction and redemption of mortgage---Limitation---Acknowledgment of liability---Scope---Mortgagor, right of--- Petitioner / Plaintiff sought redemption of suit property claiming that according to revenue record (Missal Haqeeqat) pertaining to year 1872 it was mortgaged in favour of the person who shifted to India during partition---After partition, suit property was allotted to predecessor-in-interest of respondents / defendants who stood in the shoes of evacuee mortgagee---Both the Courts below concurrently dismissed suit and appeal filed by petitioner / plaintiff--- Validity--- To obtain benefit of S.19 of Limitation Act, 1908 it was incumbent upon petitioner / plaintiff to show from record that his right was acknowledged in writing and signed before expiry of original limitation---Mortgage rights were created in favor of evacuee mortgagee somewhere in the year 1872---Period of limitation of 60 years expired much prior to year 1947---Suit was silent as to any discharge of liability or acknowledgement, from year 1872 till next 60 years by the one against whom such property or right was claimed---Upon creation of mortgage the subsequent purchaser had purchased or acquired rights subject to mortgage---Charge of mortgage kept travelling and even the suit land was further sold or it was exchanged---Existence of mortgage could only come to end on payment of mortgage money by the consent of parties or by operation of law---Upon expiry of limitation, mortgage matured into ownership---High Court declined to interfere in concurrent findings of facts by two Courts below---Revision was dismissed, in circumstances.

Other judgments reported in 2023 CLC

2023 CLC 1510 QUETTA-HIGH-COURT-BALOCHISTANHAFEEZULLAH VS Dr. MUNIR AHMED Gift---Oral gift---Gift in favour of minor---Scope---Gift in favour of minor is not invalid if physical posse…
2023 CLC 685 QUETTA-HIGH-COURT-BALOCHISTANSHAHEEN ALAM VS Mst. BIBI SALMA (Widow) S.278---Petition for letters of administration---Scope---Administration suit in view of the Successi…
2023 CLC 1008 KARACHI-HIGH-COURT-SINDHMst. BASHIRA BIBI VS FEDERATION OF PAKISTAN through Secretary, Ministry of Defence S.1---Recovery of damages---Vicarious liability---Employe…
2023 CLC 1008 KARACHI-HIGH-COURT-SINDHMst. BASHIRA BIBI VS FEDERATION OF PAKISTAN through Secretary, Ministry of Defence Civil liability---Acquittal in criminal case---Effect---E…
2023 CLC 1721 QUETTA-HIGH-COURT-BALOCHISTANMUHAMMAD SAEED VS The CHAIRMAN, BALOCHISTAN PUBLIC SERVICE COMMISSION S. 114 & O. XLVII, R. 1---Review---Scope---Courts are vested with the…
2023 CLC 1721 QUETTA-HIGH-COURT-BALOCHISTANMUHAMMAD SAEED VS The CHAIRMAN, BALOCHISTAN PUBLIC SERVICE COMMISSION art.199---Constitutional jurisdiction---Factual controversy---Scope---…

Back to the case-law library · Search Pakistani case law in Urdu or English