PIOA SHAH vs AMIN KHAN Ss — 2025 SCMR 1018 SUPREME-COURT

Case information

Citation: 2025 SCMR 1018 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: PIOA SHAH vs AMIN KHAN Ss
Subject matter: Criminal
Provisions referred to: 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

PIOA SHAH VS AMIN KHAN Ss.42 & 54---Limitation Act (IX of 1908), Ss. 19, 20 & First Sched., Art. 148---Suit for declaration, injunction and redemption of mortgage---Limitation---Mortgage rights, purchase of---Effect---Petitioner / defendant purchased mortgage rights of suit property which was owned by respondents / plaintiffs---Held, that possession of petitioner / defendant over mortgaged property acted as an acknowledgement under Section 20(2) of Limitation Act, 1908 and period of fresh limitation had started running afresh---Purchase of mortgage rights from mortgagee also acted as acknowledgement under Section 19 of Limitation Act, 1908---Purchase of mortgage rights by petitioner / defendant had given a fresh start of limitation to respondent / plaintiff---Suit for redemption filed by respondents / plaintiffs was covered by both provisions of law i.e. Sections 19 and 20(2) of Limitation Act, 1908 and was well within the time and had rightly been so held by Courts below---Mortgagee was in possession and because of purchase of mortgage, fresh cause of action and fresh start of limitation had accrued to respondent / plaintiff---Petitioner / defendant purchased mortgagee rights which would confirm the fact that his right under prescription was not mature even till the cut-off date---Respondent / defendant could ask for redemption of his property from the charge of mortgage---Supreme Court declined to interfere in judgment and decree passed against petitioner / defendant---Petition for leave to appeal was dismissed and leave to appeal was refused.

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