ASHIQ HUSSAIN SHAH versus MUHAMMAD SHAM
Specific Relief Act 1877 Section 8 suit, proprietary copy of the occupation, claiming by the plaintiff copy of the register entitlement that the plaintiff had the title of the suit land and the occupant of the defendants were shown the tenant in only one jumble column ? The mention of the entry into Jamabandi was Mulkhan Notor but in all the other columns of the registering entitlement, the defendants were shown as tenants. My entry would not prove the status of the defendant as Malik N Bajah Notor because If occupied, the tenant under another would continue to be a tenant until he had acquired the land due to the land owned by the landlord Bawaja Notor. It would not be in negative possession and once the tenant was always the tenant. Then it was not granted trial court justification. The appellate court on the argument dismissed the dismissal decision and order which the trial court granted in the absence of a trial or material misconduct. In the judgment and decree passed by the appellate court below, the exercise of its jurisdiction to modify cannot be interfered with by the High Court.
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