SALAH-UD-DIN vs GOVERNMENT OF PUNJAB through District Officer (Revenue), Jhang Ss — 2023 SCMR 124 SUPREME-COURT

Case information

Citation: 2023 SCMR 124 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: SALAH-UD-DIN vs GOVERNMENT OF PUNJAB through District Officer (Revenue), Jhang Ss
Subject matter: Criminal
Provisions referred to: Limitation Act (IX of 1908); Mortgaged Lands 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

SALAH-UD-DIN VS GOVERNMENT OF PUNJAB through District Officer (Revenue), Jhang Ss. 3, 7 & 8---Limitation Act (IX of 1908), First Sched., Art. 148---Application for redemption of mortgage under section 3 of the Punjab Redemption and Restitution of Mortgaged Lands Act, 1964 ('the Act')---Limitation---Second application barred---First application for redemption of mortgage was filed in or about 1972 within the limitation time, but the same was rejected---Thereafter, neither the predecessor-in-interest nor the contesting respondents themselves did anything---First application of 1972 was not renewed before the revenue authority who did have jurisdiction under the Act nor was any suit for redemption filed in the civil courts---Several decades passed, and it was not until the Board of Revenue ('the Board') issued, in 2002, a purported memorandum enlarging the time for deposit of money due up to 20-6-2003 that the contesting respondents filed a fresh (second) application under the Act---Board did not have the power to extend the period of limitation under the Act to revive claims that had become time barred for purposes of filing an application under section 3 of the Act---In any case, and more importantly, the second application under section 3 had become barred and did not lie by reason of section 8 of the Act---No suit for redemption was admittedly filed---Therefore, the revenue authorities were quite correct in dismissing the second application for redemption of mortgage---Appeal was dismissed.

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