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PERVEZ ALAM KHAN versus MUHAMMAD MUKHTAR KHAN


Special Relief Act 1877 Section 8 Transfer of Property Act (IV of 1882), Section 118 Civil Procedure Code (VV 1908), Section 115 Evidence of land exchange for possession of the suit The plaintiffs claim that the suit arrived on the basis of an exchange agreement on the land. ? But in favor of the parties, the defendants denied the plaintiffs' title on the basis of the alleged exchange. The defendants had pleaded that the alleged exchange was a temporary arrangement and had no effect, but the defendants had proved that the land was given in the dispute which was later sold. Such claim of the defendants was not challenged in the cross-examination, the plea taken by the defendants was proved false while the affidavit statement by one of the plaintiffs in connection with the exchange transaction was completely fulfilled. Is supported. Evidence on record, concurrent decisions and the decree passed by them were set aside by the High Court in the exercise o f its jurisdiction and decision of the case was pronounced.

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