MUHAMMAD NAWAZ KHAN versus MUHAMMAD KHAN
Code of Civil Procedure 1908 Section 12 (2) Transfer of Property Act (IV of 1882), Articles 41 and 52 Constitution of Pakistan (1973), Article 185 (3) Declaration of Agreement, Vendor (Applicant) during the Second Appeal. ) Set aside. The suit filed against the order was sold to the applicant while the order was issued to the state. The High Court accepted the second appeal and filed the petition under section 12 (2), C, PC, in favor of the parties' agreement. It is that such a settlement was entered into by the seller in a fraudulent transaction, while he was not the owner of the suit property, the High Court had dismissed such application in light of the principle of Les Pendennes, the petitioners. The point was that he was not allowed a proper opportunity to establish this fact. That he was very good. The buyer entered into a sale transaction with the seller (decree holder) in good faith because it was not bearing the title and the legal defect worked with good faith and took proper care of the question of fact. The reason for this cannot be properly examined without record of evidence and cannot be determined that the applicant raised an important question regarding the concealment of material facts by the parties in the appeal, which is a law. Is a mixed question. Appropriate determination will be required by a detailed examination of the facts, with or without evidence, as the case may be dismissed under section 12 (2), CPC, summarizing the principle of Les Pendencias. In light of this, it was not appropriate that the court should appeal the appeal, allow it, and make the unwanted decision.
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