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AGHA BAQAR HUSSAIN versus AGHA ASGHAR HUSSAIN


Specific Relief Act 1877 Section 8 Contract Act (IX of 1872), section 202 for the possession of a suit property and lucrative profits, the sale of a record in order to prove its entitlement in relation to the suit property, whereby it was The plaintiff was the real brother who bought the property. The plaintiff and such a close relationship had possession of the property, but he failed to prove the legal basis for his possession of the property and, being the owner of the suit property, had no legitimate basis for resisting the lawsuit. Was not shown, especially when in the first round of litigation under the tenancy process, the defendant denied the tenancy relationship and in the declaration case in the second round of litigation, the defendant complained about the anonymity Ali's request was rejected if there was no tenancy between the parties and the defendant. Did not lock. The suit property and he did not claim to have any legal right to occupy it, could not protect his possession on the basis that the authority of power of attorney was not canceled even if by an agent. For the purpose of claiming ownership, it was not necessary to first cancel the authority, when it was not disclosed that the agent had no interest in the tenancy secured under the provisions. Section 202 of the Contract Act, 1872, which was filed by the plaintiff, was rightly rejected by the trial court, noting that the profits granted by the trial court were not excessive. Could not be done.

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