1. MUHAMMAD AFZAL ZULLAH, CJ. ---Leave to appeal has been sought by a plaintiff against the dismissal by the High Court of his civil revision. It had arisen out of suit for declaration of title against the respondents/defendants to the effect that he being mortgagee of the suit property by efflux of time, had become owner. His suit having been dismissed throughout he also failed in the High Court: leave to appeal has now been sought.
2. It has frankly been stated by the learned counsel that there was an earlier mortgage in favour of non-Muslim which came into effect in 1943 and was a subsisting mortgage till after 1947/48 and that evacuee interest had thus also been created. The learned Judge in the High Court observed that "on the migration to India of the evacuee the custodian is to be deemed to be in possession of the suit land in place of the evacuee mortgagee". The learned Judge also observed that the petitioner/plaintiff on his own showing got the land on mortgage in 1959 when the mortgager himself "admittedly did not have the right to receive the possession of the land". Accordingly it was held that the petitioner had no existing mortgage right either. These findings being formidable, the petitioner had no cause of action to file the suit. It has rightly been dismissed throughout as misconceived. Leave to appeal accordingly is refused. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.