JAMAL DIN ALIAS MUHAMMAD JAMAL versus MST. MAHMOODA BEGUM
In relation to the agreement to sell the suit for declaration of retaining the title of the Special Relief Act 1877, section 42 and 12 of the Transfer of Property Act (I82 of I82), section 53A Civil Procedure Code (VV 1908), O VI, R 17 Two cases were filed by the same property by the respondents for the declaration of their title on the basis of the contract of sale and the second by the petitioner for canceling such agreement by the trial court and the appellate court for the defendant. Was unable to be retained, while the applicant's claim was dismissed. Was not able to cancel the contract to sell this property. The legitimate respondent is entitled to his defense obtained under an agreement to sell his property under Section 53A of the Exchange of Property Act, 1882, but he fails to suppress the contract like a sword. Therefore, their claim was unable to sustain the case. The dismissal of both suits has led to a situation where neither respondent will be able to fulfill his title nor the applicant can apply. Due to its protection under Section 53A of the Transfer Property Act, 1882, the defendant had to take possession of the land, claiming relief to the defendant in the specific performance in the use of the support motor power available to the court. While avoiding directing an amendment to your case. Under the provisions of OVI, R 17, the CPC High Court set aside the judgment and injunction, and claimed to the defendant that he could claim exemption from any particular performance in the trial prayer paragraph. Suit for fee and jurisdiction purposes
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