Law:

Section:

Specific Relief Act (I of 1877)--------------S. 42---Transfer of Property Act (IV of 1882), Ss.58 & 60--­Limitation .Act (IX of' 1908), Art. 148---Suit - for declaration--­Redemption of mortgage---Limitation---Starting point of---Suit-land was mortgaged by, predecessor-in-interest of defendants through registered deed in 1926 in favour of mortgage---Legal heirs of deceased mortgage transferred their rights by way of sale in year 1961 through mutation---Suit for declaration was filed by plaintiffs in 1989 claiming to have become full owners after expiry of statutory period of 60 year$ from date of first registered mortgage in 1926--­Period of limitation of 60 years for redemption of mortgage would be reckoned from 1961 when plaintiffs occupied land as mortgages in second mortgage and not from 1926 which- was ' the year of first registered mortgage. Muhammad Azam Khan and 18 others v: Mst. Bani Begum 2000 MLD 612; Muhammad Akram and others v. Arsalla Khan. 1997 MLD 138; Faqir Gul and others v. Abdul Rehman and others 1999 CLC 346; Maqbool Ahmad v. Government of Pakistan 1991 SCMR 2063; PLD 1992 SC 225; 1993 SCMR 92; PLD 1966 SC 267; PLD 1983 Pesh. 58 and Ismail and 22 others v. Rehmat Ali and 15 others 1983 SCMR 92 ref. Muhammad Arif Raja for Petitioners. Ch. Muhammad Rafiq Warraich for Respondents Date of hearing: 12th August, 2002 JUDGMENT This petition under section 115 of C.P.C. arises out of a suit filed by Muhammad Saeed and three others (plaintiffs/respoudants) for declaration that they had acquired rights of ownership in 31 Kanals and 16 Marlas of land comprising in nhewat/Khatooni No.232/292, in Mauza Lasorri Kalan, Tehsil Phalia as per Jamabandi for the years 1984-1985. 2. According to the averments made in the plaint are that the land was mortgaged by the predecessor-in-interest of petitioners/ defendants Nos.2 and 5 in favour of Fazal Dad through a registered deed dated 7-4-1926, which was given effect in the Revenue Record through Mutation No.556 dated 18-9-1927. Subsequently, the legal heirs of said Fazal Dad transferred their rights as mortgage for a sum of Rs.2,000 by way of sale in the year 1961 through Mutation No.1937. On 11-1-1989,…

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