MUREED KHAN vs MOHAMMAD KHAN AND 2 OTHERS — 1971 PLD 28

Citation: 1971 PLD 28

Court: Peshawar High Court

Year: 1970

Decision Date: 1970-11-10

Parties: MUREED KHAN vs MOHAMMAD KHAN AND 2 OTHERS

Headnotes

Case cited as PLD 1971 Peshawar 28

Judgment Text

Court Name: Peshawar High Court Judge(s): Qaisar Khan, Shah Zaman Babar Title: MUREED KHAN vs MOHAMMAD KHAN AND 2 OTHERS Case No.: Regular Second Appeal No, 147 of 1963 Date of Judgment:1970-11-10 Reported As: PLD 1971 Peshawar 28 Result: Appeal accepted JUDGMENT JUDGMENT SHAH ZAMAN BABAR, J. -- Syed Mohammad Shah, defendant No, 3, was the original owner of the suit land situated in village Gujrat, Tehsil and District D. I. Khan. He mortgaged the suit land with Muhammad Khan and Ghulam Jafar, defendants 1 and 2, by a registered mortgage deed (copy Exh. P. W. 2/2) executed on 16-2-1956 and registered on 17-2-1956 for an amount of Rs, 4,000. Various terms were incorporated in the mortgage deed. However, conditions Nos, 1 and 3 with respect to the period of mortgage are mentioned below :-- {{URDU TEXT}} Later on Syed Mohammad Shah sold bahifzi rehn the same mortgaged land to Murid Khan, vide registered sale deed (copy Exh. P. W. 2/1) executed on 4-6-1957 and registered on 7-6-1957 for a sale consideration of Rs, 2,000. 2. Murid Khan instituted the present suit for possession by redemption of the suit mortgaged land on 9-11-1959, against Muhammad Khan, Ghulam Jafar mortgagees defendants 1 and 2, and Syed Muhammad Shah, previous owner, defendant No, 3, on the main plea that the terms of the mortgage deed executed on 16-2-1956 amount to clog on the equity of redemption and, therefore, void. 3. The averments in the pleadings of the parties give rise to as many as 7 issues, out…

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