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JAVADAN CEMENT LIMITED versus GOVERNMENT OF SINDH


Civil Code 1908 Sections 10 and 12 (2) of the Property Transfer Act (I82 of 1882), Sections 3 and 105 of the Special Relief Act (I of 1877), Sections 42 and 54, set aside the decision to cancel the lease. Placing the order on the basis of fraud and misrepresentation, the cancellation of the lease grant in favor of the original leaseholder failed to become a party to the new buyers / applicants without imposing the purchasers of the property on the lease. Notwithstanding this fact, according to his knowledge, the original lessee has applied for litigation to applicants / new buyers as legality / new applicants. Before the buyer filed a lawsuit for not applying as a partner in this case, the leased property was sold, which would be equivalent to suppressing the name of the person interested in the dispute and amounting to fraud. Which was paid by the plaintiff's decision and the decree obtained by the plaintiff, accepting the application filed by the appellant, was set aside by clause 12 (2) in the dispute for new home buyer / new buyer, CP C is directing the plaintiff to apply to applicants / new buyers as defendants in the case, who must file a written statement. Will be right.

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