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HAMEEDULLAH THROUGH ATTORNEY versus SECRETARY BOARD OF REVENUE, GOVERNMENT OF BALOCHISTAN


Sections 53, 44, 45 and 172 of the Specific Relief Act (of 1877), the Declaration of Mutual Registration and the Section 42 suit for correction, prayed for the correction of the mutation, in which it requested that the dispute be addressed The house on the ground is near. Evidence was presented during the trial that could determine the exact measurements of the house in dispute / The judge / pending court also approved the declaration in respect of the landlord rights in the dispute, from which the plaintiffs made noise / appeal. The authority has never made a mistake in the law. Saying that the plaintiff has filed a lawsuit in connection with the construction of the houses only and has not claimed any relief in respect of the land below it. The suit's prayer clause indicated that the plaintiff asked to correct the entries, which naturally included the land, as the plaintiff's contents were ambiguous. It does not contain the measure of property for which the case was filed and the judge gave the declaratory relief without being sought, which could have been done without the amendment of the e-assembly. The Shura also failed to comply with such important aspects of the case, both decisions / orders were set aside and the judge was remanded to the judge to file a better statement to the plaintiff, which shows the exact scale of the dispute in the house. Is. After you have given both parties the opportunity to offer more evidence, make a fresh decision

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