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BAIDULLAH JAN versus HAWAS KHAN


Property Act 1882 Section 55 (d) Limitation Act (IX of 1908), Section 20 Punjab Alliance of Land Act (XIII of 1900), Sections 6 (1) and 7 (1) (3) (4) (5) , The plaintiff's recovery claimed that he was the mortgaged of the suit property for sixty years, therefore, his title was perfected by prescription and the title of defendant was extinguished after the expiration of the sixty-year period. , Both the courts simultaneously rejected this legal justification. Mortgage was a useful mortgage - since the mortgagee was in possession of the property, since the time of its creation, the property was being enjoyed by the mortgagee, where a mortgagee was in possession of the mortgage and when it was welcomed. If it used to be, then it is recovered. Considering the provisions contained in Section 20, mortgages should be considered as payment to mortgages for the purpose of consolidation, irrespective of the intention of the parties to receive such concentrations. Limitation Act, 1908 High Court refuses to interfere with decisions and orders passed by courts

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