' SAAD SAOOD JAN, J.---The petitioners were mortgagees of the land in dispute which was owned by some Hindus who migrated to India soon after Independence. The land was treated as evacuee property and was transferred to the predcessor-in-interest of the respondents against their verified claim. In 1981, the petitioner brought the present suit for a declaration inter alia to the effect that the mortgage was more than 60 years old at the time of Independence and as such by prescription the mortgagees had lost their right in the land before they left Pakistan. Their plaint was rejected by the trial Court and its order in this regard was upheld in first appeal by the Additional District Judge and in revision by the High Court. The petitioners seek leave to appeal from this Court.
2. The learned counsel for the petitioners has not been able to show the date when the mortgage in their favour was created by the non-Muslims. In fact, from petition for special leave to appeal filed in this Court it appears that the mortgage was created in 1910. Thus, the assertion of the petitioners that the mortgage was more than 60 years old on the eve of the Independence has no foundation.
Leave is accordingly refused.