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SYED HEHAN SHAH versus SYED KAFAIT HUSSAIN SHAH


Under section 42 of the Transfer Act (I82 of 1882), the sale of property on suit land under section 573 was claimed to be owned by the owner in part and sold on the basis of that agreement. The plaintiff further alleged that the defendant received the full amount of consideration and that the possession of the suit land in the partial performance of the contract was handed over to the plaintiff when the appellate court allowed the appeal under the trial and dismissed the case. Sweet land was vacated in favor of the plaintiff and she occupied the defendant's house, no land was built and even a boundary wall was erected, thus occupying part of the contract. The issue of supply did not come up. Section 53A of the Transfer of Property Act, 1882, was subject to the terms of a document executed by the transferor or in writing by this transfer only provided that the condition was fulfilled by the defendant. The transfer was not entitled to, nor was there an agreement, nor was the decision and decision passed by the appellate court, including payment of its performance or grant of possession, set aside. Appeal court dismisses claimants' claims

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