2004 PLP 237 (CLD)
MUSLIM COMMERCIAL BANK LIMITED‑‑‑Appellant Versus MUHAMMAD MITHAL and others‑‑‑Respondents
| Citation | 2004 PLP 237 (CLD) |
| Forum / Court | Karachi |
| Bench Members | Zia Perwaz and Khilji Arif Hussain, JJ |
| Parties | MUSLIM COMMERCIAL BANK LIMITED‑‑‑Appellant Versus MUHAMMAD MITHAL and others‑‑‑Respondents |
| Primary Law | Loans for Agricultural Purposes Act (XLII of 1973)‑‑ |
Q1: What are the key laws and sections cited in 2004 PLP 237 (CLD)?
This judgment primarily cites: Loans for Agricultural Purposes Act (XLII of 1973)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 237 (CLD)?
The case was heard and decided by the Karachi bench comprising: Zia Perwaz and Khilji Arif Hussain, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 237 (CLD) (MUSLIM COMMERCIAL BANK LIMITED‑‑‑Appellant Versus MUHAMMAD MITHAL and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Respondents.
- Date of hearing: 5th March, 2003.
Headnotes / Summary
‑‑‑‑Ss. 3(d) & 4‑‑‑Transfer of Property Act (IV of 1882), S.100‑‑ Limitation Act (IX of 1908), Art. 132‑‑‑Agricultural loan‑‑‑Suit for recovery of such loan‑‑‑Limitation‑‑‑Loan was secured on personal guarantee‑‑‑"Charge" was created in pursuance of S.4(5), Loans for Agricultural Purposes Act, 1973‑‑‑Word "charge" was defined in S.100, Transfer of Property Act, 1882‑‑Creation of "charge", in circumstances, would constitute a simple mortgage and period of limitation for recovery in case of a "charge", in such cases, was provided under Art. 132, Limitation Act, 1908‑‑‑Where the Trial Court had failed to consider Art. 132, Limitation Act, 1908 which applied to the suit, High Court set aside the judgment and decree of the Trial Court and remanded the case for decision of the suits on merits after taking into consideration Art. 132 of the Limitation Act, 1908. Anwar Mansoor Khan, A.‑G. (on Court Notice).
Judgment & Decree
"(3) The pass book shall be deemed to be a title deed and accepted as such by the Bank for granting a loan or advance to a landowner on the security of such land entered therein as he may indicate. (4) If the Bank grants a loan or advance to the landowner on the production of the pass book, the Bank shall endorse the pass book against the entry relating to the land on the security of which the loan or advance is granted by it." In view of the provisions of the above section a `charge' is created in pursuance to section 4(5) of the Loans for Agricultural Purposes Act, 1973 `charge' is defined under section 100 of Transfer of Property Act and a creation of the charge under the circumstances would constitute a simple mortgage. The loan is further secured by personal guarantee in each individual case. The period of limitation for recovery and applicable in case of a 'charge' in such cases is provided under Article 132 of the Schedule to the Limitation Act, which is twelve years as under:‑‑
132. To enforce payment of money charged upon immovable property. Twelve years. When the money becomes due. Explanation. ‑‑‑For the purposes of this Article:‑‑ (a) The allowance and fees respectively called Malikana and Haqqs; and (b) The value of any agricultural or other produce the right to receive which is secured by a charge upon immovable property; and (c) Advances secured by mortgage by deposit of title deeds shall be deemed to be money charges upon immovable property." The trial Court has failed to consider this provision which applies to the suits pertaining to the appeals. In view of the above, we have no alternative but to set aside the impugned judgment and decree and remand the case to the trial Court for decision of each suit on merits after taking into consideration Article 132 of the Limitation Act. Appeals are allowed with the above observations. M.B.A./M‑567/K Case remanded.