- Mortgage — Proof of — Finding of the Courts below that land is dispute mortgaged for more than 60 years at the time of institution of suit — Held: Unfounded — Finding set aside — Further held: Right of plaintiff as one of the owners have not extinguished. Boota and another v. Muhammad Sadiq and 4 others 2000 SCR 331 (D)
- The document clearly contains that the land in dispute was mortgaged — It is quite settled principle of law that once a mortgage is always a mortgage. Rab Nawaz v. Ghulam H. 2006 SCR 406 (A)
- —once a mortgage—always a mortgage— suit for specific performance—suit for redemption of mortgage—former suit dismissed later one decreed—held: trial Court rightly decided as such—if any condition attached to mortgage deed— same would not change its basic character—it is settled principle of law that once a mortgage is always a mortgage and if any condition is attached with the mortgage deed, the same would not change its basis character. Muhammad Sarwar & 2 others v. Muhammad Bashir 2017 SCR 979
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