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ZWAHIR JAN versus LAL REHMAN


Sections 60, 72 and 91 of the Special Relief Act (I of 1877), Section 42 of the Civil Procedure Code (v. 1908), O. VII, R11 of the Limitation Act (IX of 1908), Section 28 and Article 148 of the mortgaged property Mortgage failure to live. Applicants suing for a 60-year mortgage declaration for a claim claiming a prescription for the property in question related to the rejection as a mortgagee occupying residential property before 1845 (over 60 years). The lawsuit was filed. Not applicable because the provisions of section 28 of the Limitation Act, 1908, were declared by the Supreme Court to be unacceptable to the integration of Islam and a target date was given by the Supreme Court on 318 1991 to redeem the property if the mortgagee was in it. Failed to get an order No prescription order can be passed in his favor before the due date, and after the said sign date, the defendants filed a lawsuit to file the case first. 2006 2006 In 2006, when the Limitation Act, 8 of 1908 was not on the book of the Constitution, it could not demand a title decree through a prescription and the owner / mortgagee had the right to redeem their property. As such, it could not be extinguished. Revision request dismissed after no timely exercise of court jurisdiction

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