ABDUL HANAN AND 8 Others vs KAPOOR KHAN AND 16 Other Case No — 1970 SCMR 633

Citation: 1970 SCMR 633

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-03-25

Parties: ABDUL HANAN AND 8 Others vs KAPOOR KHAN AND 16 Other

Headnotes

Result: Appeal dismissed Judgment ORDER MUHAMMAD YAQUB ALI, J.-The short question arising in this appeal by special leave is whether the suit brought by the respondents for redemption of 3/5th share of land included in Khata No. 465 in village Garh Munara, tehsil Swabi, district Mardan, is barred by time.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: ABDUL HANAN AND 8 Others vs KAPOOR KHAN AND 16 Other Case No.: Civil Appeal No. 5-P of 1968 C. M. No. 46 of 1965 Date of Judgment:1970-03-25 Reported As: 1970 SCMR 633 Result: Appeal dismissed Judgment ORDER MUHAMMAD YAQUB ALI, J.-The short question arising in this appeal by special leave is whether the suit brought by the respondents for redemption of 3/5th share of land included in Khata No. 465 in village Garh Munara, tehsil Swabi, district Mardan, is barred by time. The Courts below have concurrently held that the mortgage in favour of Abdul Karim, the predecessor-in-interest of the appellants, took effect from 19-2-1899 when mutation No. 44 was attested by the Revenue Officer on the basis of the statement made by the sons of Zaffar Khan, the first mortgagor of the land. The suit filed on the 19th February 1959, was in that case clearly within time as provided in Article 148, Schedule I of the Limitation Act. The appellants, however, relied on the report by the Patwari on 1-11-1897 that in the course of carrying out Girdawari of crops he was informed that the land comprised in the suit herein was mortgaged by Zaffar Khan to Abdul Karim for the sum of Rs. 114 and that possession had been delivered to the mortgagee. It was contended, accordingly, that the limitation started to run from 1-11-1897, and the suit brought on the 9th February 1959, was beyond…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.