Law:

Section:

Constitution of Pakistan (1973)---Art. 185(3) Transfer of Property Act (IV of 1882), S. 58¬Mortgagee right, purchase of Mortgagee rights not recognized by Court earlier cannot be purchased Petitioner claiming to have purchased mortgagee rights from plaintiff of suit Petitioner claiming no other interest except purchase which he failed to get recognized from Court No such right therefore, existed as could be transferred by predecessor in interest Identification of suit property Boundaries of land having been provided, identification of such land possible Petition having no merits, leave to appeal refused. ORDER SHAFIUR RAHMAN, J. The petitioner, an unsuccessful defendant, seeks leave to appeal against the judgment of the Peshawar High Court dated 2 9 1982 whereby a civil revision filed by him was dismissed. The petitioner was recorded purchaser of mortgagee rights of Ghulam Rasool and Alam in respect of Khasra No. 1/518 measuring 1 :Canal and 2 Marlas situate in village Turlandi. He had purchased these rights by two mutations attested on 22 5 1973. The plaintiff respondents had purchased mortgagee rights in respect of the same land from Khushal Khan. They later instituted a suit claiming that they were mortgagees entitled to possession of the land and that the petitioner had no such interest by purchase from Ghulam Rasool and Alam. The background of this claim was that the predecessor in interest of the parties, that is, Ghulam Rasool and Alam as plaintiffs and Khushal Khan as defendant, had litigated in respect of the same property and with regard to the same right in Civil Suit No. 516 decided on 23 11 1973. In that suit Ghulam Rasool and Alam claimed to be mortgagees of this land, to be correctly so recorded in the revenue record and claimed that Khushal had no interest as mortgagee of this land on account of an exchange with them. This suit had been dismissed. It was thereafter the turn of the purchasers froth Khushal Khan to institute a suit asserting their mortgagee interest in the land and demanding ouster of the petitioner from the revenue record and the property. The trial Court dismissed the suit holding that the previous suit had a different…

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