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MUHAMMAD SALEEM versus MST. RASOOL FATIMA


Special Relief Act 1877 Section 12, 21 (c) and 54 Suit for occupancy by the specific performance of contract and permanent injunction, private division of property among members of the family, after the demise of the original owner of the suit property, The legal case of the plaintiff was transferred to the joint owners through a private division of the heirs, including the plaintiff and the defendants, in accordance with the terms of the agreement, if a party wants to sell his share in the property, he or she may share it with the other partner. Will offer to sell and the owner will refuse. Be free to sell the same to anyone when the defendant / co-partner intends to sell his or her share of the property to another person, the defendant against the defendant from having to sell the property to anyone other than the plaintiff. The lawsuit for a permanent injunction was dismissed by the defendants claiming that the contract between the parties was not enforceable under section 21 (2) of the Relief Act, 1877. The legal justification was abolished because there was no ambiguity or uncertainty in the agreement. The situation did not exist and the conditions that were very clear and were applicable to the enforcement of the law when their degrees There was a peace settlement between the family members and was designed for goodwill. Members, who thought it was a good idea to support the transaction in the case itself, would not examine the court closely in considering the agreement in family management matters. The agreement to retain a small part by any of the parties remains an agreement. When it was done to protect family property or honor

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