Suit for possession through redemption

2018 CLCN 98 HIGH-COURT-AZAD-KASHMIR Judicial Precedent

Ss. 60 & 61Limitation Act (IX of 1908), Art. 148Civil Procedure Code (V of 1908), O. VII, R. 11Suit for possession through redemptionLimitationPlaint, rejection ofScope

Trial Court rejected the plaint on the ground of limitation but Appellate Court remanded the case for decision afresh after recording evidence

Validity

Suit for redemption of mortgage or recovery of possession could be filed within a period of sixty years when right to recover the possession accrued

Suit land was mortgaged in the year 1946-47

Plaintiffs had filed the suit in the year 2013 after a period of sixty seven years

Suit was time-barred in circumstances

Plaintiffs remained quiet on their own cause for decades

No explanation of delay had been given by the plaintiffs

If any suit or appeal was filed beyond the prescribed period of limitation then delay of each and every day had to be explained

Recording of evidence with regard to limitation would be a futile exercise

Appellate Court was not justified to remand the case on the point of limitation

Trial Court had rightly rejected the plaint

Impugned judgment passed by the Appellate Court was set aside and that of Trial Court was restored

Appeal was allowed in circumstances.

2018 CLCN 98 HIGH-COURT-AZAD-KASHMIR Judicial Precedent

Ss. 60 & 61Limitation Act (IX of 1908), Art. 148Suit for possession through redemptionLimitation

Suit for redemption of mortgage or recovery of possession could be filed within a period of sixty years when right to recover the possession accrued.

2017 CLCN 107 PESHAWAR-HIGH-COURT Judicial Precedent

S. 60Limitation Act (IX of 1908), S. 20Suit for possession through redemptionUsufractuary mortgageScopePlaintiffs filed suit for possession through redemption which was dismissedValidityPlaintiffs became land owners stepping into the shoes of mortgagorsDefendants had purchased the mortgagees' rightsMortgage was usufructuary in nature and defendants were receiving usufruct of the suit landEvery receipt of usufruct was to be treated as payment towards mortgage amount for the purpose of limitation

Non-mentioning of words 'under mortgage' in column of ownership in the mutation did not disentitle the owners to file the suit for redemption

Impugned judgments and decrees passed by the courts below were set aside and suit was decreed

Revision was allowed in circumstances.