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MST. IQBAL SAJJAD versus SYED FARZAND ALI


Section 100 and 115 of the Limitation Act (IX of 1908), Articles 49 and 156 of the suit for recovery of dowry articles or costs, the first appellate court granted the trial court's decision and decision based on the limitations. On the ground that the plaintiff filed an amendment. Second Appeal The High Court changed the Second Amendment to the Second Appeal when the plaintiff and the defendant were in possession of the dowry articles when they were living a happy marital life when the plaintiff was removed from the plaintiff's house. Maintain property on which will maintain constructive control. Defendant's home was never the equivalent of illegal / wrongful occupation of defendant's home, claiming that he had demanded the return of the articles of the dowry a month before the institution suit until his return. Until the formal demand of the defendant, there was no illegal occupation of the defendant. And the defendant below found out that the two courts were together in the custody of the defendant and that he refused to return the same. Such inquiry was not challenged. The final position was obtained by the defendant. Ali relied only on the question of demarcation. The First Appeal Court held that the case was banned at the time, which was considered a second appeal and was filed within the prescribed time limit, under which the trial. Court finding was restored.

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