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West Pakistan Redemption and Restitution of Mortgaged Lands Act (XIX of 1964)------S. 10 Limitation Act (IX of 1908), Art.148 Constitution of Pakistan (1973), Art.185(3) Redemption of usufructuary mortgage ¬Limitation Plaintiff mortgagor sought a declaration that mortgage stood redeemed and he was owner in possession of suit land Trial Court finding plaintiff not in possession of land dismissed the suit as barred by time Such was upheld by Appellate Court and High Court ¬Validity Plaintiff explaining about his admission made before Collector to the effect that he was not in possession of land, had contended that in the intervening period, he had obtained possession of land Plaintiff could not satisfy from record that before filing of suit, he was in possession of land and if so what was the nature of his possession High Court, after discussing evidence in detail, had affirmed findings of fact arrived at by two Courts on question of limitation and plaintiff's possession Such findings would not call for any interference Supreme Court dismissed petition and refused leave. JUDGMENT MUHAMMAD NAWAZ ABBASI, J. This petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 seeking leave to appeal has been preferred against the judgment dated 10 9 2001 passed by a learned Single Judge of Lahore High Court, Rawalpindi Bench, Rawalpindi in a civil revision. The relevant facts giving rise to this petition are that occupancy rights in the land measuring 7 Kanals, 19 Marlas situated in village Ghaur Ghushti, Attock, were mortgaged with possession vide mutation dated 25 12 1919 by one Sher Khan son of Noor Khan in favour of Khani Zaman and others for a sum of Rs.300. Later vide mutation dated 3 8 1952, Sher Khan sold .his occupancy rights in favour of Azad Khan petitioner herein and thereafter a mutation of ownership was sanctioned on 13 2 1963. The petitioner having exhausted the remedies before the Revenue Authorities seeking declaration that mortgage stood redeemed, brought a suit for declaration that he was owner in possession of the suit -land and the orders passed by the Revenue Authorities were ineffective to his rights. The learned trial…

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