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ALI SHAN versus FAZAL DIN


Section 42 of the Limitation Act (? 190 1908), for the declaration of its ownership rights in a mortgage by section 28 mortgage, to test the change of mortgage in the year 19 19gage mut. Non-payment of suit land for a period of sixty (60) years was upheld by the appellate court on 2 2 1995, Val Validation suit for the prescription of title could be fruitful if the defendant mortgaged 31 8 1991. Prior to obtaining the decree, it would not be deemed to have redeemed the mortgagee's right or title. The trial court had passed a decree in favor of the defendant on 6-2 1995, in which the provision of section 28 of the Act, 1908 would not be attracted to the present case as it was not part of the law.

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