Law:

Section:

Transfer of Property Act (IV of 1882)------S. 91---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal--­Petitioners in their suit claimed to be owners of land in dispute on ground that initially they were mortgagees of that land but due to non redemption by respondents for more than sixty years they had become its owners---Petitioners failed to produce on record any evidence to show that they were ever mortgagees in land in dispute---Suit of petitioners, held was rightly dismissed by Courts below. ORDER SAAD SAOOD JAN, J.---The petitioners filed a suit for a declaration that they were owners of about 32 kanals of land situate in village Bakhianwala in Tehsil Daska of Sialkot District. They claimed that initially they were mortgagees in the said land but as the mortgage had not been redeemed for more than sixty years they had become the owners thereof. The trial Court dismissed the suit after holding that there was no evidence on the record to show that the land in dispute was the same which had been mortgaged with them. Its finding in this…

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