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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD ALI VS Respondent: SAKINA BIBI and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title: MUHAMMAD ALI vs SAKINA BIBI and others Case No.: Civil Petition for Special Leave to Appeal No,276 of 1987 Date of Judgment:1989-11-01 Reported As: 1990 SCMR 1180 Result: Leave granted
Judgment ORDER ' S. USMAN ALI SHAH, J.---Muhammad Ali petitioner peeks 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 they had become the owners of the suit land since a very long time. The suit of the respondents was decreed by the Civil Judge Narowal on 16-11-1985. Appeal filed by the petitioner against this order failed on 18-6-1986 and thereafter his revision petition before the High Court was also dismissed vide impugned order. After hearing the learned counsel for petitioner and having perused the reasoning of the High Court and the trial Court we consider it a fit case for grant of leave, inter alia, to examine; whether, the question of creation of a sub-mortgage by mortgagee in favour of another mortgagee, constituted an acknowledgement within the meaning of section 19 of the Limitation Act, is a question of public importance and needs consideration of this Court. Leave to appeal is granted. The delay is condoned. ' Security Rs,5,000.
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' Appeal shall be ready on the present record with direction to parties to file additional documents, if any. Status quo in meanwhile.