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GHULAM SARSAR KHAN versus GOHER SULTAN


Section 60 Limitation Act (IX of 1908), Section 28 Specific Relief Act (1 of 1877), Section Constitution42 Constitution of Pakistan (1973), Article 185 (3) restriction limitation suit for mortgage declaration, So that the Modigers did not get rid. In the stipulated period of demarcation, the mortgagee became the owner of the land under the mortgage due to the failure of such mortgage and on time, the suit was filed against the mortgagee. Secondary was met by this end. The leave of appeal was granted to the applicants (mortgages) in this case, with the burden of proof always remaining on the plaintiffs, in which case the period of payment would end at 60 years. There was no reason why this section 28, the Limitation Act, 1908, was inimical to the integration of Islam, which could not be done despite the restrictions on mortgage law.

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