Citation Name: 2023 YLR 74 PESHAWAR-HIGH-COURTBookmark this Case Khanzada MUHAMMAD RAFIQUE KHAN vs HUSSAIN-UR-

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Citation Name: 2023 YLR 74 PESHAWAR-HIGH-COURTBookmark this Case Khanzada MUHAMMAD RAFIQUE KHAN VS HUSSAIN-UR-REHMAN Ss. 58(d) & 60---Limitation Act (IX of 1908), Ss. 20, 28 & Art. 147---Usufructuary mortgage, redemption of---Fresh period of limitation---Predecessors of original respondents were owners of the suit property and had mortgaged the same in 1870---Contesting/original respondents/defendants claimed that they purchased the mortgaged rights of the suit property from the original mortgagees vide two mutations attested in 1974 and 1981; that they were owners in possession of the suit property since then---Suit for declaration was filed by original plaintiffs claimed that they were owners of the suit property; that the said mutations were invalid; and they were entitled for possession through redemption/recovery of produce from year 1998---Present petitioners purchased the property from the original plaintiffs through registered deeds attested on 19.10.2005, 05.12.2005 and 15.06.2005 and mutations were also duly entered thereupon---Original respondents, except the original defendants, submitted their cognovits---Suit of petitioners/proforma respondents was concurrently dismissed on ground of limitation (more than 160 years delay) and prescriptive rights accrued in favour of contesting respondents--- Validity--- Respondents stepped into the shoes of the previous mortgagees through new mutations, thus a fresh period of limitation would be computed from the date of subrogation---Such was a usufructuary mortgage as the original plaintiffs were enjoying the possession of the suit property since inception of such mortgage---Receipt of produce was deemed as an acknowledgment and such receipt during the persistence of mortgage would give fresh cause of action to the mortgagor on every harvest---Once a mortgage was always a mortgage---Section 28 of the Limitation Act, 1908, was repugnant to the Injunctions of Islam so no question of attaining the title by mortgagees on prescription on expiry of 60 years would rise---Revision petition was allowed and suit of present petitioner was decreed as to be entitled to redemption of the mortgage and possession of the suit property.

Citation Name: 2023 YLR 74 PESHAWAR-HIGH-COURTBookmark this Case Khanzada MUHAMMAD RAFIQUE KHAN vs HUSSAIN-UR-REHMAN Ss — 2023 YLR 74 PESHAWAR-HIGH-COURT

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