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MEHRAN BIBI versus SARWAR KHAN


Special Relief Act 1877 Sections 8 and 9 Civil Procedure Code (v. 1908), 5 115 suit suit for possession of property the plaintiff sought exemption from the possession on the basis of his title which, according to both the courts, established the plaintiff's case. But he was not able to prove his previous possession of the suit by any document such as Khusra Gardavari's evidence to prove that he was, before the institution of the case, in his possession. And that was illegal and the plaintiff's settlement was because both sides failed to prove title to the suit. Were, so the plaintiff got rid of the occupation qualification, was repulsed because the plaintiff did not prove its possession of the suit land. After granting relief to the plaintiff by the courts below, he failed to prove his title in relation to the suit land, resulting in serious misconduct of justice and the defendant's use of prejudice in particular. When a case related to Section 9 of the Special Relief Act, 1877 was not compiled by the trial court courts, the following courts not only misidentified the evidence on record, but also misrepresented the plaintiff's case. And allowed it. The High Court relied on the review, rejecting current judicial decisions and court orders, misapplying the law.

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