| Case ID |
0c772eeb-8c62-432e-a45c-682a24d0757f |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No.907 of 1990 |
| Decision Date |
Oct 17, 1992 |
| Hearing Date |
Oct 12, 1992 |
| Decision |
The Supreme Court dismissed the appeal, confirming the lower court's decision that the mortgagees had established their title to the property through adverse possession after not being redeemed for over sixty years. The court held that the mortgagors had lost their right to redeem the property due to the expiration of the limitation period, thus affirming the mortgagees' ownership claim. The decision reinforced previous jurisprudence on the rights of mortgagees in possession and the implications of the Limitation Act. |
| Summary |
In the case of Civil Appeal No.907 of 1990, the Supreme Court of Pakistan addressed the legal intricacies surrounding property ownership and mortgage rights under the Transfer of Property Act and Limitation Act. The case revolved around the mortgagees' claim to ownership after a prolonged period of possession, which had exceeded sixty years without redemption by the mortgagors. The court evaluated the implications of sections 67 of the Transfer of Property Act and relevant articles of the Limitation Act, reinforcing the principle that failure to redeem a mortgage within the legally prescribed timeframe can extinguish the mortgagor's rights. This case is pivotal for legal practitioners and property law scholars, as it clarifies the intersection of mortgage rights and limitation periods, emphasizing the need for timely actions in property disputes. Keywords such as 'property ownership', 'mortgage rights', 'adverse possession', 'limitation period', and 'legal implications' are vital for understanding the broader context of this ruling, which contributes significantly to the body of case law concerning property and real estate. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
ABDUL SHAKURUL SALAM
|
| Lawyers |
Not available
|
| Petitioners |
15 others,
REHMAT ALI
|
| Respondents |
2 others,
ISMAIL
|
| Citations |
1993 SLD 512,
1993 SCMR 92
|
| Other Citations |
Lala Hem Chand v. Lala Pearey Lal and others AIR 1942 PC 64,
Ram Brich Singh and others v. Mt. Sonjhari Koer AIR 1920 Pat. 538,
Nando Khahar and another v. Sri Bhup Narain Singh AIR 1935 Pat. 164
|
| Laws Involved |
Transfer of Property Act,
Constitution of Pakistan,
Limitation Act
|
| Sections |
67,
185(3),
148,
28
|