Law:

Section:

Transfer of Property Act (IV of 1882)----- -----S. 60-----Suit for redemption of mortgage-----Right of mortgagor to redeem-----Ownership of mortgaged property-----Burden of proof-----Transfer of ownership only by some of legal heirs-----Permissibility-----Plaintiffs filed suit for redemption of mortgaged property, which was dismissed by Trial Court, and appellate court accepting appeal set aside and decree of Trial Court-----Validity-----Burden of proving that whether predecessor-in-interest of plaintiffs was owner of mortgaged property was upon plaintiffs-----Vendors had no authority to transfer entire property in favour of predecessor of plaintiffs, as there were other legal heirs of deceased-----Vendor could not transfer better and larger title regarding suit property to vendee except that he himself had owned-----Sale-deed executed and attested on behalf of some of legal heirs in favour of predecessor of plaintiffs could be termed as valid only to extent of their shares and not more than that-----Transfer of entire property by only some of legal heirs to the exclusion of others was not permissible under law-----Co-sharers could not alienate or retain possession under garb of Hissadari beyond his share in joint holding and could not transfer bigger share in any eventuality without consent of others-----Trial Court had properly evaluated evidence available on record and arrived at correct conclusion while dismissing suit-----Impugned and decree of appellate court was set aside and that of Trial Court was restored whereby suit had been dismissed-----Revision petition was accepted in circumstances. THIS JUDGMENT DELIVERED BY: ABDUL LATIF KHAN, JUSTICE:----------- This revision petition has been preferred against the judgment and decree dated 18.12.2006, passed by learned Additional District Judge-IV, Abbottabad whereby appeal of respondents Nos.1 and 2 was accepted and judgment and decree dated 29.7.2002 of Civil judge-I, Abbottabad was set aside and a preliminary decree for possession through redemption of the suit house was passed in favour of respondents Nos.1 and 2 against petitioners on payment of Rs.500/- as mentioned in the deed and respondents Nos.1 and…

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