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MIAN MUHAMMAD versus SHER AHMED


The Mortgage Property Trial Court dismissed the case for declaring Section 42 Transfer of Property Act (IV of 1882), Section 60 Limitation Act (IX of 1908), Arts 148 and 28 suits. He has become the owner of the plaintiff land. The defendants were unable to redeem the property within the statutory period of the limitation of the return of the property, the right to redeem the mortgage charge under Section 60 of the property transfer was available, the mortgagee's property under Article 148 was returned. Range was included. The courts under the Limitation Act, 1908, did not examine the documents on record and considered only the issue of limitation with regard to Articles 148 and 28 of the Limitation Act, 1908, the document available on record shows that the mortgage was redeemed. A decree was passed for The defendant's failure to examine the following documents in favor of the defendant by a competent court on which the Revenue Authorities confirmed the suit, the suit land was redeemed through a court order and the defendants While the defendants occupied the suit land, the case was not declared by the plaintiffs. Defendants' error in deciding a case that was not appropriate in the circumstances of the case was dismissed by the Internal Courts in regards to Article 28 of the Limitation Act 1908 regarding the possession of the suit land by the defendants.

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