1989SCMR688 (PLP)

JAVID IQBAL, J.‑‑This petition for (cave to appeal is directed against order, dated 8 April, 1981 passed by a Division Bench of the Lahore High Court, Lahore in writ petition filed by the petitioners. Briefly the facts are that the respondents filed applications for the redemption of mortgage of two parcels of land situate in Village Hindwan Tehsil Shahpur District Sargodha. The property in dispute was mortgaged with possession with non‑Muslim evacuee on 14 June, 1896 through registered mortgage deed. Out of the whole mortgaged land a portion measuring 92 Kanals so mortgaged was redeemed by the mortgagors in 1945. Since the property in question as a whole was not redeemed within the statutory period it was treated as evacuee property and was allotted to one Khair Din who sold it further to others. In the year 1947 the mortgagees had migrated to India and thereafter the mortgagors took possession of the said land and the same way in their possession uptodate. After consolidation operation the mortgaged land was adjusted into two plots and therefore two applications were filed for redemption by the respondents before the Deputy Custodian Evacuee Property. It was contended before him on behalf of the respondents that the disputed land was originally mortgaged in 1896 and within sixty years it was separately redeemed to the extent of 1/4th share on 30May, 1945. Therefore, under section 19 of the Limitation Act period would start running from the year 1945 and according to Article 148 of the Limitation Act the period of redemption was sixty years. Consequently both the applications were within time. Thus, factually the position was that within the statutory period of 60 years 1/4th share of the mortgaged land was redeemed in 1945 by way of making part payment. It was therefore held that under relevant section of the Limitation Act fresh period of limitation would start from 30 May, 1945. On this question of fact the matter was decided by the Additional Custodian in favour of the respondents. In appeal by the petitioners the Custodian Evacuee Property vide his order, dated 20 January, 1981 confirmed the order of the Deputy Custodian. Thereafter, the writ petition of the petitioners against the aforesaid orders was dismissed mainly on the ground that the Deputy Custodian had found as a fact that 1/4th of the property mortgaged‑by the respondents had been redeemed in 1945 and that consequently the time stood extended under section 19 of the Limitation Act. And the mortgaged land could be redeemed within a further period of sixty years. Thus, the respondents were held entitled to redeem the disputed land. Learned counsel before us could not controvert this finding of fact in any of the Courts below as well as before us. Therefore, we do not find any substance in this petition which is accordingly dismissed. A.A./K‑84/S Leave to appeal refused.