Law:

Section:

Transfer of Property Act (IV of 1882)--S.67---Constitution of Pakistan (1973), Art.185(3)---Claim of ownership by prescription on account of mortgage---Plaintiffs' suit based on maturity of title was decreed by Trial Court but dismissed by Appellate Court and High Court, in revision---Leave to appeal---Plaintiffs' main reliance. was on "mislea haquit" and "Khasra Pemash" and when the same were put in juxtaposition to a "Musavi" of relevant year, High Court's finding in respect of "musavi" could not be deemed either to be irrelevant or based on non-reading of evidence---High Court also noticed that Khasra number in question, was shown to be in the middle of the compact block owned by respondents---Petitioner could not explain any circumstance which would be enough for Supreme Court to interfere with concurrent findings of fact by two Courts below---Leave to appeal was refused in circumstances. ORDER MUHAMMAD AFZAL ZULLAH, C.J.---Leave to appeal has been sought by a plaintiff against the dismissal by the High Court of his civil revision. It had arisen out of a suit for declaration and possession to the effect that the plaintiff and a large number of defendants were the owners of the suit land by prescription on account of mortgage in their favour, after the lapse of period of 60 years. The main contest, it appears, was from the Government of Pakistan in the Ministry of Defence and their agency. The major controversy revolves round the dispute whether the suit land (in particular Khasra No.27) could not be claimed by the petitioner on the basis of the so-called maturity of title noted above. The suit was decreed by the trial Court but the petitioner failed in the District Court and the High Court mainly on question of fact. The concurrent findings by the two higher Courts on the controversial facts having gone against the petitioner they have sought leave to appeal. Realizing that the task in seeking the reversal of the concurrent findings of fact by…

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