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MUHAMMAD SALEEM versus LAND ACQUISITION COLLECTOR, NATIONAL HIGHWAY AUTHOIRTY


Section 23 Civil Procedure Code (V of 1908), O XX, R 5 & XLI, R 23 Court Reference Land Determination of Compensation Based on Aust Year, Failure to Referee Court to Conduct Results on This Case Source Land Occupied Landlords believed that such searches were necessary for the determination of time from which interest would be paid to them. The jurisdictional decision suffered a fundamental defect due to non-judgment, in which case the referee court relied unlawfully on an average sale price of one year (Aust year) while all oral and documentary evidence on record. The High Court allowed the appeal, set aside the confusing decision and remanded the referee court for its fresh decision after giving the parties a fresh opportunity to add evidence.

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