S. M. ANWAR SETHI versus MUHAMMAD HUSSAIN

O xxxiv, read with the R 5 5 Transfer of Property Act (IV of 1882), Section 60 Equitable mortgages have no right to sell property without the intervention of the court, the right to redemption is a legal right and it is subject to section 60 Can be extinguished in the manner provided by. Transfer of Property Act, 1882

1981 C L C 1179

[Karachi]

Before Zaffar Hussain Mirza, J

S. M. ANWAR SETHI‑Plaintiff

versus

Sheikh MUHAMMAD HUSSAIN‑Defendant

Suit No. 500 of 19'30, decided on 22nd March, 1980.

(a) Civil Procedure Code (V of 1908)‑--------

--------O. XXXIV, r. 5‑Mortgagor, held, can redeem mortgage at any time before confirmation of sale made in pursuance of a final decree‑Trans fer of Property Act (IV of 1882), S. 60.

Malawa Mal v. Sunder Singh A I R 1933 Lah. 361 and Ma Hnin Yeik v. K. A. R. K. Chattyar Firm A I R 1939 Rang. 321 ref.

(b) Civil Procedure Code (V of 1908)‑----

----O. XXXIV, r. 5 read with Transfer of Property Act (IV of 1882), S. 60‑Equitable mortgage‑Mortgagee has no right to sell property without intervention of Court‑Right of redemption‑A statutory right and can be extinguished only in manner provided by S. 60 of Transfer of Property Act, 1882.

Munawar Ghani for Plaintiff.

Mr. Shamsi for Defendant.

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