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ZAHEER IQBAL versus SAEED IQBAL KHAN


Plaintiff's declaration of waiver in sections 42 and 54 of the Northwest Frontier, Provincial Tenancy Act (XXV of 1950), Sections 4 and 83 Civil Procedure Code (VV 1908), OVII, R 11 (d) and Section 115 suit And there was a permanent ban. It has been claimed that because of the tenancy of the tenants they have become the sole owners of the land in the dispute and it was illegal and ineffective to record the charges on the rights of the defendants in the names of the defendants as a result of the collusion of the defendants. The defendants opposed the case and a petition was filed to dismiss the plaintiff, which is being barred by the law of sanctions in the case of the OU VI, R 11 CPC CPC suit. Was dismissed simultaneously by the trial court and the appellate court, the defendants revised against the court's concurrence. At the time of the enactment of the Northwestern Frontier Province Tenancy Act, 1950, under a legitimate plaintiff, he was not a claimant as a tenant and had no declaration. Although the rights of occupation under this Act 5 of 83, or their ancestors in this case, cannot be considered to be the owners of the law suit, although in its nature it was a declaration, but the summary is that Attempts are those rights which arose out of Section 38 of the North West Frontier Province Tenancy Act, 1950, even the declared case was to be filed within 6 years, but the entry in the Revenue Record on the names of the plaintiffs' predecessors disappeared from 1905. Was. Weaknesses or impairment of any jurisdiction in the concurrent results of the two courts below, based on reasonable reasons and correct definition of law, cannot be interfered with in the review.

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