| Case ID |
251ae267-e526-4871-9e5c-22d39553b84b |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 1422-L of 1 |
| Decision Date |
Dec 16, 1999 |
| Hearing Date |
Dec 16, 1999 |
| Decision |
The Supreme Court dismissed the petition of Taj Din, affirming the judgment of the Lahore High Court. The Court held that the rights of the mortgagor had been extinguished due to the expiration of the statutory period for redemption, which was 60 years. The Court ruled that the transaction executed by a de facto guardian on behalf of a minor is void if the guardian lacks authority. Furthermore, the Court emphasized that Ameer Ali, the original mortgagor, was of legal age at the time of the sale of mortgage rights, thus validating the sale to the respondents. |
| Summary |
In the case of Taj Din and others vs. Karim Bakhsh and others, the Supreme Court of Pakistan dealt with issues related to the redemption of mortgage under the Transfer of Property Act and the Limitation Act. The petitioners contended that the mortgage had been redeemed, but the Court found that the rights to redeem had extinguished after 60 years. This case highlights the legal implications of de facto guardianship in property transactions, particularly regarding minors. The Supreme Court upheld the previous rulings, affirming that the original mortgagor's rights were extinguished due to the statutory limitation period. The decision underscores the importance of understanding property law and the rights of parties in mortgage agreements. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SH. IJAZ NISAR,
CH. MUHAMMAD ARIF
|
| Lawyers |
Jahangir A. Jhoja, Advocate Supreme Court,
Ch. Mehdi Khan Mehtab, Advocate-on-Record,
M. Saleem Shahnazi, Advocate Supreme Court,
Sh. Salahuddin, Advocate-on-Record
|
| Petitioners |
8 others,
TAJ DIN
|
| Respondents |
11 others,
KARIM BAKHSH
|
| Citations |
2000 SLD 998,
2000 SCMR 1463,
2000 SLD 1411
|
| Other Citations |
Maqbool Ahmed v. Government of Pakistan 1991 SCMR 2063,
Muhammad Afzal Khan and others v. Mst. Khurshid Bibi PLD 1975 Pesh. 24,
Imam Bandi v. Mutsaddi AIR 1918 PC 11,
Rang Elahi v. Mehboob Elahi AIR 1926 Lah. 170,
Muhammad Amin and others v. Wakeel Ahmad AIR 1952 SC 358,
Ali Muhammad v. Ram Niwas AIR 1967 Raj. 258,
Tikan Chand Luna v. Rahim Khan Ishaq Khan AIR 1971 Madh. Pra. 23,
Ziarat Gul v. Mian Khan PLD 1950 Pesh. 69,
Sultan Ahmad v. Fazul Kabir alias Monohar Ali Ch. PLD 1954 Dacca 104,
Ahmad Khan v. Rasool Shah PLD 1975 SC 311,
Mst. Zarmawa and 8 others v. Khiat Bal Khan and 53 others 1992 SCMR 1804,
Naseef v. Abdul Ghaffar and others PLD 1966 SC 267
|
| Laws Involved |
Transfer of Property Act, 1882,
Limitation Act, 1908
|
| Sections |
60,
28
|