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ABDUL KARIM versus MUHAMMAD ISMAIL


Article 42, Proviso Civil Procedure Code (v. 8 19088), retaining the title to retain title to section 115, not seeking fact-finding facts by the courts below the plaintiff, declaring title to suit land. Tried but did not attempt to recover the occupation. During the trial, it was proved that the money paid by the plaintiff was purchased by the defendant and instead of transferring the land in the name of the plaintiff, the plaintiff had exchanged it in his own name and the trial. The court passed the verdict and the verdict. Plaintiff was appealed by the appellate court in favor of the plaintiff, claiming that the defendant sought relief only from the statement that violated section 42 of the Special Relief Act, 1877, exempted from possession of property. The plaintiff's objection to not taking the matter was of a technical nature. , Which had no effect on the merits of the case. Relief sought that it be declared to be in his possession, and he was actually in constructive possession of the suit suit, claiming that as a result of the order passed in favor of the plaintiff, the defendant He had automatically become a tenant so that he could plead guilty. The plaintiffs' plea for the defendants from the suit land by the Revenue Authorities was sufficient and included a violation or justification of section 42 of the Special Relief Act, 1877. The High Court refused to interfere with the two courts. Dismiss in the circumstances

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