Law:

Section:

Constitution of Pakistan (1973)--Art. 185(3)--Leave to appeal-Objection to issue whether defen­dants entitled to release of mortgage after depositing a, specified sum neither urged to have been taken nor impugned showing so-­Petitioners also shown to, have sought relief of permanent injunction against defendants and defendants shown to have repelled such plea--­No useful purpose in circumstances, particularly when decisions of Courts below fair, held, would be served by grant of leave to appeal on such question alone. ORDER MUHAMMAD AFZAL ZULLAH, J.-Leave to appeal has been sought from the judgment dated 5-10-81 of the Lahore High Court whereby a regular second appeal arising out of a suit for declaration and permanent injunction in connection with an immovable property filed by the petitioners/plaintiffs, was dismissed. The petitioners/plaintiffs are the successors-in-interest of the original mortgagee to whom the predecessors-in-interest of the defendants had mortgaged the suit land in 1914. Sixty years having passed, they filed a suit for declaration that the right of redemption having been lost by efflux of time, they had become the owners of the property. They also sought a per­manent injunction that the defendants should not interfere with their posses­sion. The suit was dismissed and so was the first appeal filed by the petitioners. Their second appeal in the High Court having met the same fate, they have now sought leave to appeal. The learned counsel for the petitioners has advanced arguments in support of the various questions raised in the petition. His main contention, which is supported by other arguments is that the question of limitation has wrongly been decided. The learned Single Judge in the High Court, while dismissing the peti­tioners' second appeal, noted the argument raised in the High Court and dealt with the same as follows: -- ",...It is urged that the mortagage having been made on 18-12-1914, the respondent's suit for redemption, after the expiry of 60 years, under Article 148 of the Limitation Act, had become barred by time and that, therefore, under section 28 of the Act, his right in the suit land stood extinguished. It is correct…

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