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MUMTAZ HUSSAIN versus FAIZULLAH


Under section 18, 42 and 54 of the Special Relief Act 1877, the contract to sell the property and the permanent injunction the defendant / applicant filed a lawsuit on behalf of the defendant / defendant on the basis of the contract of sale executed in his favor. The hearing was also dropped. The dismissal by the lower appellate court, both the courts against the plaintiff / plaintiff, together held that no such title had arisen on the property. The Validity Petitioner / Plaintiff was in the shoes of the plaintiff / defendant. The only remedy was a lawsuit for the specific performance of the contract under the law, envisaged under section 18, the Special Relief Act, 1877 where the plaintiff / applicant had a contract to sell in their favor Creating the right, he was obliged to compel the defendants / defendants in his rights. In order to enforce such an agreement, the two courts failed to consider the aspect of the case in which the orders of the two courts were settled on the ID and the case was remanded to the trial court on which it was directed. That the plaintiff / applicant's case should perform the contract specific.

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