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NOORUDDIN versus PAKISTAN


Section 4, 5A & 6 Limitation Act (IX of 1908), Articles 142, 144 and Section 23 Settlement of Land from Plaintiffs Articles 142 and 144, Limitation Act, 1908 Applicable two notifications under section 4 and another. Section 6, under the Land Acquisition Act, 1894, was issued simultaneously, and the same date was published in the Gazette, Section 6 was intended to be under the Land Acquisition Act, 1894, of the authority. Was an illegal act and would have no legal effect. The question, therefore, was not obtained in accordance with the law and under this the unlawful offenders had come under the possession of the property before 1966, though without proper authorization their possession and relinquishment of the plaintiff for more than 12 years. The old provisions of Article 142, Limitation Act, 1908, however, could not apply for a fundamental prediction for its application, namely, that the plaintiff could not be dismissed. It is understood that the defendants had never given any hostile title to the land; the provision of Article 144, Limitation Act 1908 could not be applied to their case; the occupation of the defendants would not be better than that. In the terms of Section 23, the Limitation Act, 1908, the wrongful issuance was being negotiated for payment of compensation until June 1977, therefore, the limitation of the case filed in April 1978 cannot be construed, thus, the plaintiff. 'S case was inside it. Time

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