Law:

Section:

Transfer of Property Act (IV of 1882)-------S. 67---Civil Procedure Code (V of 1908), S.11 & O.II, R.2---Constitution of Pakistan (1973), Art.185(3)---Land in question was mortgaged with respondents in 1895---Mortgagees (respondents) thereafter sub-mortgaged the same to petitioner's predecessor-in-interest for a period of sixty years--­Respondents (mortgagees) in order to redeem land in question approached petitioners (sub-mortgagee) but they refused and filed suit against respondents wherein they sought declaration to the effect that they had become owners by prescription being time-barred mortgagees on account of sub-mortgage in their favour---Petitioners (sub-mortgagees), however, remained unsuccessful in their efforts up to the Supreme Court---Petitioners, thereafter, filed suit wherein they challenged entries in record of rights--- Petitioners in earlier suit did not raise such plea which they had raised in subsequent suit out of which petition for leave to appeal had arisen---Plea relating to wrong entries in record of rights was available to petitioners and their failure to raise such plea in earlier suit between the parties rightly prevailed with the Courts below in dismissing petitioners' suit as barred under S.11 and 0.11, R.2, C.P.C.---No infirmity was pointed out in the of High Court---Leave to appeal was refused in circumstances. ORDER FAZAL ILAHI KHAN, J.---This is petition for leave to appeal against the judgment of Peshawar High Court, Peshawar dated 20-3-1994 in Civil Revision No.340 of 1993. 2. The facts of the case giving rise to the petition briefly stated are that Pardool petitioner/plaintiff and others instituted Suit No.216/1 on 25-9-1986 for declaration to the effect that they were owners in possession of the land measuring 71 Kanals 5 Marlas detailed therein and that Mutation No.101,dated 18-3-1928 regarding the deletion' of name of predecessor-in-interest of petitioners/plaintiffs as well as Mutation No.367 dated 5-8-1895 is wrong, against law and facts and ineffective upon their rights. 3. It may be pointed out that the said land was mortgaged to the predecessor-in-interest of respondents in the year 1895-96 who, had subsequently…

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