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MUHAMMAD YAQOOB versus MOHSIN ALI


Section 15 of the Civil Procedure Code (v. 1908), section 12 (2), on the basis of an agreement to sell the landlord and tenant relationship, was denied a suit on specific performance between the landlord and the appellant, the tenant's son. Prior to the pending civil suit decision, the rent controller ordered the tenant evicted on the occasion of the landlord's request for execution, the appellant moved the petition under section 12 (2) of the CPC Was excluded by the rent controller and the tenants were tenants residing in the same house, and as such, the appellant had to deal with the issue. Was fully aware of and did not apply to the appellant rent controller at the end of the proceedings, the question of title between the appellant and the landlord as a party was still pending. The court may decide. Cannot allow the user to stop proceeding with the assistance of the provisions contained in section 12 (2) of the CPC under unreasonable allegations. Such a request for fraud and misrepresentation was filed to misuse the court process, the rental controller rightly dismissed the request and as such, no intervention was required.

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