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MEHMOOD ALI versus K.D.A.


Sections 8, 12 and 42 of the Special Relief Act 1877, the suit plot for specific performance, declaration, and occupation was sold to the plaintiff by the public auction, two installments of the sale price were submitted to the plaintiff and the balance The amount was payable in two equal annual installments. After the date of issuance of occupation order by the defendant, the suit plot was canceled by the judgment of the court which the defendant authority requested that it could be allotted a second commercial plot of equal size in the same area. The defendant applied. The plaintiff was sued in return for the specified performance, possession of the declaration and allotment of another plot or allotment of damages for the refund of the deposit already collected by the plaintiff, if the plaintiff was entitled to the claim of the plot and If it has been canceled or disposed of by the plaintiff, then the claimant was entitled to the allotment of similar plot in the same scheme or in similar scheme.

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