Law:

Section:

(a) Transfer of Property Act (IV of 1882)---S.67--Constitution of Pakistan (1973), Art-185(3)---Suit by mortgagees for ownership---Leave to appeal was granted to consider whether suit of mortgagees for ownership was incompetent and whether they should have filed suit for foreclosure. (b) Limitation Act (IX of 1908)--Art.148 & S.28---Transfer of Property Act (IV of 1882), S.67---Property in question, having been mortgaged with possession had not been redeemed by mortgagors for a period of sixty years, whereafter, its possession passed to mortgagors in consolidation proceedings---Effect---Property in question, having not been redeemed within period of limitation, mortgagors had lost their right to redeem the same and their title to hold it had become extinct--­Mortgagees were thus, entitled to grant of relief for a declaration that they having remained in possession for more than sixty years had become owners of property in question, and as a consequential relief, were entitled to decree for possession. Lala Hem Chand v. Lala Pearey Lal and others AIR 1942 PC 64; Ram Brich Singh and others v. Mt. Sonjhari Koer AIR 1920 Pat. 538 and Nando Khahar and another v. Sri Bhup Narain Singh AIR 1935 Pat. 164 ref. JUDGMENT ABDUL SHAKURUL SALAM, J.---This appeal by leave is against the judgment of a learned Judge of the Lahore High Court in R.SA. Na.71 of 1988, dated 23-4-1988. 1. Relevant facts are that the predecessor-in-interest of the respondents filed a suit for a declaration that having remained in possession for more than 60 years they had become owner of the property mortgaged and as a consequential relief decree for possession be granted. It was resisted by the petitioners on the ground that by the date of the suit, land had come in their possession under consolidation proceedings. The suit was decreed by the learned Civil Judge, Sialkut directing the petitioners-defendants to "hand over vacant possession of the suit land to the plaintiffs within a period of two months from the date of this order". This is vide judgment and decree dated 6-11-1986. The petitioners' first appeal was dismissed by the learned Additional District Judge, Sialkot on 6-3-1988 and second…

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