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ABDUL LATEEF versus ASHIQUE ALI


Sections 88 (c) and Spec 60 of the Special Relief Act (of 1877), Sections 12 and 39 of Suits for Contracting and Cancellation of Specific Performance, the mortgage applicant subsequently claimed the sale by conditional sale. Respondent received a loan from him. And as security for the loan repayment mentioned above, he had mortgaged his shop in favor of the applicant with the condition that if it was said that the money would not be paid on the date, Will be considered one of the absolute sales. And after that the respondent will execute the sale in favor of the applicant, the applicant further took the stand that the possession of the shop was handed over to him and he also advocated in favor of the respondent's son. Dediya, which states that the lawyer will be authorized to carry out the sale process. In favor of the applicant, the applicant alleged that the respondent failed to refund the due date and instead executed the sale for sale of the said shop in favor of the other respondents with fraud. Yes, the respondent denied the applicant's claim that the amount has been returned to the applicant and the seizure. The trial court ruled in the suit filed by the applicant under trial, but the appellate court rejected the trial court's order and order and the applicant filed a review against the appellate court's decision on the basis of the conditions. And the terms involved in the mortgage process in question, it was mortgage in terms of condition. Under the meaning of section 88 (c) transfer property act, specific meaning82 within and similar performance on specific performance.

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