| Citation(s) |
|---|
| 1990 SLG 977 1990 SLD 977 1990 SCMR 1180 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No.276 of 1987, decision dated: 1st November, 1989.
MUHAMMAD AFZAL ZULLAH AND S. USMAN ALI SHAH, JJ
Ch. Mushtaq Ahmad Khan, Advocate Supreme Court and Syed Abul Asim Jafri, Advocate-on-Record for Petitioner. Nemo for
Respondents.
Civil Petition for Special Leave to Appeal No.276 of 1987, decision dated: 1st November, 1989.
MUHAMMAD AFZAL ZULLAH AND S. USMAN ALI SHAH, JJ
Ch. Mushtaq Ahmad Khan, Advocate Supreme Court and Syed Abul Asim Jafri, Advocate-on-Record for Petitioner. Nemo for
Respondents.
MUHAMMAD ALI
VS
SAKINA BIBI and others
Law:
Section:
Limitation Act (IX of 1908)-----S.19--Constitution of Pakistan (1973), Art.199---Leave to appeal---Leave to appeal granted to examine, whether creation of a sub-mortgage by mortgagee in favour of another mortgagee, constituted an acknowledgment within meaning of S.19 of Limitation Act, 1908. ORDER S. USMAN ALI SHAH, J.---Muhammad Ali petitioner seeks leave to appeal against the order of the Lahore High Court, dated 18-2-1987, whereby his civil revision against the order of the Additional District Judge was dismissed. Boota the predecessor-in-interest of the petitioner mortgaged the land in dispute in favour of Beli Ram vide registered mortgage deed 16-2-1891. Beli Ram transferred his mortgagee rights to Karam Din predecessor-in-interest of the plaintiffs/respondents at the time pre-partition. The defendant /petitioner filed application for redemption of the mortgage before the Collector who vide his order dated 5-2-1953 dismissed the application. Another application without mentioning the first one was filed by the petitioner which was decreed by the Collector on 18-9-1968. The respondents filed a suit for declaration that the subsequent order of the Collector was void as theyβ¦
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