Pakistan Case Law
1985 SCMR 573

ABDULLAH SHAUKAT vs ALLAH BAKHSH And Other

⭐ Prefer in Google
Citation1985 SCMR 573
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 202 of 1984 W.P. No. 926 of 1971
Date1984-08-12
Judge(s)Aslam Riaz Hussain, Shafiur Rahman and Mian Burhanuddin Khan
Authored byShafiur Rahman
ResultLeave granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter comes before the Supreme Court of Pakistan on a petition for leave to appeal arising from a dispute concerning the redemption of mortgaged lands involving intervening Custodian interest and the application of the principle of acknowledgment. The core legal questions examined by the Court include whether the principle of acknowledgment was correctly applied in the absence of a signed instrument of acknowledgment, whether section 67 of the Transfer of Property Act affected the jurisdiction of the Revenue Officer in Punjab, and whether an application under sections 10 and 11 of the Redemption of Mortgaged Lands Act, 1964 was competent in view of the Custodian's intervening interest in the property. Granting leave to appeal, the Court held that the legal questions raised require detailed examination and ordered security of Rs. 1,000 along with the continuation of the interim status quo. The key principle laid down relates to the procedural and jurisdictional prerequisites for redeeming mortgaged properties burdened by Custodian interests and statutory acknowledgment requirements.

Questions settled in this judgment
  • Whether principle of acknowledgment was correctly applied to a case where there was no signed instrument of acknowledgment?
  • Whether section 67, Transfer of Property Act affected the jurisdiction of Revenue Officer in Punjab?
  • Whether in view of the Custodian's intervening interest in the property, an application under sections 10 and 11, Redemption of Mortgaged Lands Act, 1964 was competent?
Laws & provisions referred
  • Section 67, Transfer of Property Act 1882
  • Section 10, Redemption of Mortgaged Lands Act 1964
  • Section 11, Redemption of Mortgaged Lands Act 1964
leave to appealmortgage redemptionacknowledgmentTransfer of Property ActRedemption of Mortgaged Lands ActCustodian interestrevenue officer jurisdiction

ORDER

1. SHAFIUR RAHMAN, J.-- Leave to appeal is granted to examine, inter alia:- (i)Whether principle of acknowledgment was correctly applied to a case where there was no signed instrument of acknowledgment.

2. (ii)Whether section 67, Transfer of Property Act affected the jurisdiction of Revenue Officer in Punjab.

3. (i.e)Whether in view of the Custodian's intervening interest in the property, an application under sections 10 and 11, Redemption of Mortgaged Lands Act, 1964 was competent.

4. Security Rs.1,000.

5. Interim status quo to continue.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.