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MUHAMMAD SHAFI versus MUHAMMAD SHARIF


Constitution of Pakistan 1973 Arts 23 and 199 Specific Relief Act (1 of 1877), Section 21 Civil Procedure Code (v. 1908), OVII, R 11 Constitutional application is not specifically applicable to the property imposed under the contract. To prevent a property owner from separating the property from the parties is that the suit property was held in mortgage in favor of the applicant and the property owner was conditioned not to sell the property. Until it can be redeemed. The property sold the same to the respondents. The applicant accepted the sale in favor of the respondents on the basis that the property could not be sold by the owner, the trial court rejected the plaintiff and the appellate court upheld the order passed by the trial court's justification. No restrictions or conditions may be imposed under an agreement / instrument between the parties regarding the sale of the property which was a fundamental infringement, the right of the owner, the right to sell and dispose of the property, the suit on the condition of the mortgage. Violation of the fundamental right and this condition was void and not enforceable under the law where the applicants' case was ineligible, lacking reason. Under the action, the trial court correctly dismissed the plaintiff in the constitutional jurisdiction.

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