Law:

Section:

Transfer of Property Act (IV of 1882)--S. 60---Constitution of Pakistan (1973), Art. 185(3)---Mortgagor's right to redeem mortgaged property---Dispute relating to time of creation of mortgage---Trial Court and High Court (in revision) found that mortgage in question, was created in 1926, on basis of reliance placed upon the date of attestation of mutation, while Appellate Court relying upon purported mortgage deed came to conclusion that said mortgage was created in 1922--­No evidence was brought on record to suggest that transaction attested in mutation of 1926 which was entered and accepted in subsequent Jamabandis was of a different date than that of mutation---Appellate Court had fallen into error in not correctly reading the entries in revenue record---Interference by High Court was thus, fully justified---No justification was made out for interference with the of High Court---Leave to appeal was refused in circumstances. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ.---This petition for leave to appeal by the defendants' side in a suit for redemption has called in question the acceptance by the High Court of respondents/plaintiffs/mortgagors' revision. The trial Court had decreed the suit but the petitioners' appeal having been allowed the respondents/plaintiffs succeeded before the High Court in its Civil Revision jurisdiction. The controversy now raised before us mainly relates to the factual aspects of the case. The trial Court and the High Court have held that the mortgage was created in 1926 and in this behalf have relied upon the date of the attestation of the mortgage mutation. The so-called mortgage deed of 1922 which was relied upon by the intervening appellate Court has not been given preference over the mutation entries which have been carried over to the subsequent Jamabandis also. Learned counsel raised two points. One, that the High Court had limited jurisdiction as a Revisional Court and should not have interfered with the appellate judgment. And secondly, that on merits the High Court judgment is erroneous. With the help of the learned counsel, we have gone through the record. The learned counsel himself also like the appellate; Court has misread the…

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