Law:

Section:

Transfer of Property Act (IV of 1882)--- ----Ss. 41 & 91---West Pakistan Land Revenue Act (XVII of 1967), S.42---Suit for possession through redemption of property---No relief regarding actual controversy having been sought in relief part of plaint, suit filed by plaintiffs was found defective---Plaintiffs though were in the knowledge of sale-deed in favour of defendants, but said sale-deed was neither produced alongwith the plaint nor relief against same was sought--Suit was also found bad for non-joinder of necessary parties--- Original owner from whom title of suit-land was transferred to plaintiff's predecessor or his successors, were not impleaded as party to the suit and circumstances prevailing at the time of sale-deed relied upon by plaintiffs and sale-deed relied upon by defendants, could only be explained by him as original owner---First mortgagee or his successors and second mortgagee or his successors had also not been arrayed as party to the suit---Unexplained prolonged silence of plaintiffs and their predecessor to assert their title on the suit-land since its purchase in the year 1909, had made document in their favour doubtful while possession of defendants who obtained the title through inheritance from the bona fide vendees through deed, was recorded in the ownership column from the date of their purchase---Defendants had also purchased the right of redemption and the last mortgagee was the predecessor of vendee of suit ­land---Since no formal redemption was made by subsequent vendees, names of first, second and third mortgagees were continuing in revenue record, but at the same time defendants or their predecessors who had validly purchased the suit-land were continuously recorded in the ownership Column as owner---Mortgagors rights of subsequent vendees were protected under S.41 of Transfer of Property Act, 1882---Plaintiffs had not challenged revenue record wherein defendants were recorded owners in possession since their purchase in the year 1908-09 and without seeking relief to that effect plaintiffs could not be granted any relief prayed for because no relationship of mortgagor and mortgagee existed between the parties---In absence…

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