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SIDDIK MUHAMMAD SHAH versus SHAH NAWAZ SHAH


The Special Relief Act 1877 Section 42 Civil Procedure Code (v. 1908), for the declaration and injunction of the section 115 amendment suit that the gift of the land in question in favor of the claimant is permissible, on the basis of that gift to the plaintiff, the property in question. Became the owner. The lower court had ruled in the case. The defendant denied the donor's ownership, but the evidence on the record clearly proved that the donor and the defendant's grandfather had litigated before giving the gift, and the courts agreed to the donor on the basis of the agreement between the parties. Had settled the question of ownership in favor of His case was decided and he became the exclusive owner of the special property in question. Such a defining point (of ownership) cannot be inflamed again because the High Court is the exclusive owner of the property in question. From now on, anyone was entitled to gift the property. The plaintiff's request that the property is due to a dedicated property, that the gift of such property would not be valid. The defendant's case was not taken under judicial rulings under the judgment of the court, which did not face the absence of jurisdiction, illegal or material misconduct. As alleged by the defendant but exclusively owned by the donor and the plaintiff subsequently became the owner, the decisions of the judgment and the courts below were dismissed in the circumstances by a valid gift.

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