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MRS. SHAMIM AKHTAR versus SULTANA MAZHAR BAQAI


The plaintiff prohibited the dismissal of the plaintiff for the declaration of ownership and possession in section 42 of the Limitation Act (IX of 1908), Arts 120 and 142 Civil Procedure Code (VV 1908), O VII, R 11 suit. The shop has claimed the transfer. The nominee of his deceased brother, while the defendant, being the daughter of the deceased, demanded his transfer because the heir of the deceased housing society gave the award in favor of the defendant, on which the plaintiff sought OVII, R 11 On the petition filed by the defendant under the case filed by the trial court. The CPC rejects the time restriction demanding the plaintiff's dismissal. The appellate court upheld such an order. The plaintiff's basic claim of legal action was ownership and the claim of possession was mere relief, unless the right of possession was established, no question of permitting exemption from the occupation arose. The lawsuit will be run under Article 120 of the Limitation Act, 1908, for the disputed shop owner's declaration, which will be claimed six years later when his right is asserted. The right case was filed with the plaintiff on 27 1 1969, when his brother died or on 3 3 1969 when the society refused to relocate the shop in favor of the heirs or on 25 3 1969. , When the Society demanded the preparation of a Letter of Offer. Administration and finally on 27 3 1969, when the occupation of the shop was transferred to the plaintiff, he himself claimed that the reason for his action was filed by the plaintiff on 1991-1999. Therefore, the appellate court was banned after hopefully without the scrutiny of the contents of the case or discussing its influence on a case-by-case basis.

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