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Civil Petition for Special Leave to Appeal No. K‑129 of 1969, decided on 8th January 1970.
(On appeal from the judgment and order of the High Court of West Pakistan, Karachi, dated the 27th August 1969, in Second Appeal No. 17 of 1964).
S. 3 [as substituted by Sind Rural Credit and Land Transfer (West Pakistan Amendment) Act (IV of 1963), S. 33‑Mortgage of agri cultural land‑Contention that if transfer of land was a mortgage, mortgagor could not be denied right to redeem mortgaged land on payment of mortgage money‑Special Leave to Appeal granted by Supreme Court to consider question.
A. H. Pirzada, Advocate Supreme Court instructed by Mohammad Ibrahim Memon, Advocate‑on‑Record for Petitioners.
Nemo for Respondent.
Date of hearing : 8th January 1970.
‑The petitioners sued for possession of the land in dispute on the averment that it Was mortgaged in 1954 with the respondent and that the entire mortgage money had been paid off. The respondent resisted the suit on the plea that the transfer in his favour was an outright sale and that by virtue of the amendment introduced by the Sind Rural Credit Land Transfer Amendment Act, 1963, section 3 which prohibited sale of agricultural land, did not apply to the transfer in his favour.
The trial Court decreed the suit on the .13th November 1961, against which the respondent preferred an appeal to the District Judge. The Sind Rural Credit Land Transfer Act . was amended as aforesaid on the 17th April 1963, during the pendency of the suit. The District Judge applied the amended provisions of section 3 which limited the bar to a sale by a debtor to a creditor and in this view allowing the appeal dismissed the suit. The second appeal preferred by the petitioners was dismissed by the High Court on the finding that the transfer in favour of the respondent was a mortgage and as such the bar contained in section 3 of the Sind Rural Credit Land Transfer Act did not apply.
In seeking leave to appeal Mr. A. H. Pirzada pleaded that in case the transfer in favour of the respondent was found to be a mortgage the right of the petitioners to re deem the land on payment of the mortgage money could not be denied to them.
There is force in the contention raised by the petitioners. Leave to appeal is granted. Security‑Rs. 1,000.
Leave granted.
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