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MAZHAR HUSSAIN versus JAN MUHAMMAD


The Special Relief Act 1877 Section 42 Civil Procedure Code (v. 1908) R1 Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), sections 4 and 44 in the suit for the appointment of the recipient plaintiff claimed that it was related to the property. That is in their forefront. And the defendants, who were the brother of their predecessor in interest in equal acquisitions, and that during the professional life of interest, were told that half of the rental income of the property was being paid in advance on the interest, but After his death, the defendant refused to pay his rent, the plaintiff participating in the property who had fully established joint estates in the property, applied for the appointment of the recipient, but the trial court And the High Court, rejecting the accused, has said that the applicant has the right to seize the property as the owner. Is. Under O XL, R 1, C, disqualify you from enjoying your possession by setting receiver validity discretion in court. The PC will determine the recipient for the suit land so if it was appropriate and easy to do so, then what was appropriate and easy could be seen, especially in light of the facts of the suit with the defendant in the light of the facts of the case. A joint title was established which was rejected by the defendants. , The recipient can be set because it would be appropriate and easy to maintain the scale of justice.

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