Malku vs Qazi Abdur Karim - 1947 Supreme(Pesh) 20

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1947 Supreme(Pesh) 20

Malku – Appellant
Versus
Qazi Abdur Karim – Respondent

JUDGMENT

1. This petition arises out of a suit in which plaintiffs prayed for a declaration to the effect that the land in suit was owned and possessed by them along with defendants 10-20, and the defendants 1-9 had no title or right in it. The trial Court decreed the suit. This decision has been affirmed on appeal. The contesting defendants have come up on revision.

2. The only question that requires determination at this stage is one of limitation. The plea of the contesting defendants that the suit is barred by time not having prevailed in the Courts below, the finding on the question is challenged by this petition. The facts bearing on this question are as follows:

3. Gullu and Qadar, the predecessors-in-interest of defendants 1-9 were the original owners of the land in suit. By mortgage deeds dated 28-6-1882 (Ex. P.W. 8/1), 25-12-1895 (Ex. P.W. 8/2) and 9-10-1899 (Ex. P.W. 8/3), the land in suit was mortgaged along with other land to Bana Ram. The proprietors then sold the equity of redemption in 91 Kanals 18 Marias to the predecessors in-interest of the plaintiffs on 25-6-1900. On 11-7-1900, Bana Ram, the mortgagee, sold his mortgagee rights in 304 Kanals to them. On 3-1-1904,

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