ASLAM RIAZ HUSSAIN, J -This petition by Nazir Ahmad is directed against the order of the learned Single Judge of the High Court, dated 23-1-1982, dismissing his civil revision arising out of a redemption of mortgage matter.
2. The learned counsel for the petitioner has urged that the Mortgage Deed was not only one for mortgage but also constituted a deed of lease in favour of the petitioner, and; therefore, possession of the suit land cannot be ordered to be delivered to the respondent. He, however, admits that this ground was not taken up earlier at any stage and was not even mentioned in the written statement. Therefore, no issue was framed on it. The petitioner cannot be permitted to raise this plea at this stage.
3. The petition is, therefore, dismissed.