| Case ID |
431d9701-9862-4998-badc-72f521e42f9f |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No.51-L |
| Decision Date |
Jan 27, 2003 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to address the petitioner's contention regarding the right to redeem mortgaged property. The court recognized that the petitioner argued that the Collector's acceptance of the plea for redemption was final, and all subsequent proceedings should not be maintainable. The court noted that the petitioner's equitable right of redemption could be exercised within sixty years as prescribed by law, and the dismissal or acceptance of one suit does not preclude the petitioner from re-agitating the matter within that timeframe. The court referred to several precedents to substantiate this position and ultimately granted leave to appeal for an authoritative pronouncement on the issues raised. |
| Summary |
This case revolves around the principles of redemption of mortgaged property under the West Pakistan Redemption and Restitution of Mortgaged Lands Act and related laws. The Supreme Court of Pakistan reviewed the appeal concerning the petitioner's rights and the implications of previous judgments on the matter. The court's decision highlights the importance of equitable rights and the ability of parties to seek redress even after previous suits have been dismissed or accepted. This case is significant for legal practitioners dealing with property law and the rights of mortgagors, providing clarity on the limitations and opportunities for redemption claims. It emphasizes the necessity for petitioners to understand their rights under the law and the potential for recourse despite prior legal decisions, making it a key reference for future cases involving similar issues. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Tanvir Ahmed Khan,
Khalil-ur-Rehman Ramday
|
| Lawyers |
A.K. Dogar, Advocate Supreme Court for Petitioners,
Muhammad Ashraf Wahlah, Senior Advocate Supreme Court for Respondents,
M. A. Qureshi, Advocate-on-Record for Respondents
|
| Petitioners |
Mehdi Khan and others
|
| Respondents |
Board of Revenue, Punjab and others
|
| Citations |
2003 SLD 747,
2003 SCMR 1923
|
| Other Citations |
Malik Aman and 3 others v. Fida Muhammad and 5 others PLD 1994 SC 334,
Samar Gul v. Central Government and others PLD 1986 SC 35,
Babu Ahmad Din v. Ch. Muhammad Din PLD 1954 Lah. 34,
Vadilal Chhaganlal Soni and others v. Gokaldas Mansukh and others AIR 1953 Bom. 408,
Muhammad Sher Khan v. Raja Seth Swami Dayal AIR 1922 PC 17,
Parsotim Thakur and others v. Lal Mohar Thakur and others AIR 1931 PC 143
|
| Laws Involved |
West Pakistan Redemption and Restitution of Mortgaged Lands Act,
Transfer of Property Act,
Limitation Act,
Constitution of Pakistan
|
| Sections |
XIX of 1964,
IV of 1882,
IX of 1908,
1973
|