Law:

Section:

(a) Transfer of Property Act (IV of 1882)-------Ss. 60 & 61---Limitation Act (IX of 1908), Art.148---Suit for possession through redemption---Limitation---Scope---Contention of plaintiffs was that they mortgaged suit property in favour of defendants but redemption had not been given effect to in the revenue record---Suit was dismissed concurrently---Validity---Continuous mortgage of suit property was in existence in favour of defendants---No redemption of suit property was available in the revenue record in favour of plaintiffs---Suit-land was in possession of defendants as mortgagees since 1870 to-date---No documentary evidence was available with regard to payment of mortgage money to the defendants or re-mortgage of suit property in their favour---Mortgage of disputed land had taken place 40 years prior to the institution of suit---Defendants had revenue record in their favour for years long---Article 148 of Limitation Act, 1908 had provided for a period of 60 years for a suit for redemption of mortgage---Present suit was filed after over 100 years of the mortgage of suit-land---Plaintiffs were debarred to seek decree for possession through redemption and they were rightly non-suited by the courts below---No illegality, material irregularity, misreading or non-reading of evidence had been pointed out in the findings of both the courts below---Revision was dismissed in circumstances. Kata Mir and others v. Mst. Sho Begum and others 2003 SCMR 589; Baidullah Jan and another v. Aurangzeb and another PLD 2010 Pesh. 96; Shafi Muhammad and others v. Khanzada Gul and others 2007 SCMR 368; Muhammad Zaman and 8 others v. Abdul Malik Khan and 7 others PLD 1991 SC 524; Din Muhammad and 5 others v. Ghulam Wahid and 3 others 1995 SCMR 675; Ghazi Marjan and others v. Alam Gul and others PLD 2009 Pesh. 83 and Abdul Haq v. Ali Akbar and others 1994 SCMR 2531 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of High Court---Scope---Concurrent findings of courts below could not be set at naught unless it was proved that same were patently illegal, based on misreading, non-reading of evidence, erroneous, fanciful or had resulted into great…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492