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Date of hearing : 19th May, 1979.                                                                                                                  ORDER KARAM ELAHEE CHAUHAN, J.The dispute in this case is about an area of land measuring 7 kanals, 11 marlas comprising of Khasra No. 1111 880 situated in village Togh, Tehsil and District, Kohat. Khan Alam (plaintiff) filed a suit on 16th April, 1968 for a declaration that he was the owner of the aforesaid land and that the evacueemortgage concerning that land had duly been redeemed by him and that the land was now free from any such encumbrance. The suit was decreed by the learned Civil Judge, Kohat, on 24th October, 1969. 2. The contesting defendant Muhammad Ghiasuddin (present petitioner) who claimed to be a transferee from some allottee or allottees of this land filed an appeal but without any success as the same was dismissed by the learned Additional District Judge, on 2nd May, 1970. 3. The defendantpetitioner then filed a second appeal being R. S. A. No. 326 of 1970 which also met the same fate and was dismissed by a learned Single Judge of the Peshawar High Court on 24th May, 1974. 4. The defendant/petitioner has come, up in a petition for special leave to appeal against the same to this Court. 5. Learned counsel for the defendant/petitioner has urged that the facts of this case are that this land had remained subject to various mortgages. The first mortgagees of this land were two Muslims Mir Nawaz and Said Shah; and the second mortgagee was again a Muslim Ramzan by name. The second mortgagee rights of Ramzan after his death were sold to Ram Chand, Budh Raj and Devi Dass (evacuees) by saledeed dated 2nd October, 1892. The second mortgagee rights accord ing to him were nothing but the same mortgagee rights of the first set of the mortgagees and therefore, period of limitation for filing an application for redemption was to be…