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AESH MUHAMMAD versus PROVINCE OF PUNJAB THROUGH COLLECTOR, SHEIKHUPURA


Section 91 of the Special Relief Act (Constitution of 1877), sections 42 and 54 declared a permanent and injunctive relief suit for the collection of money as the arrears of the land claiming that the claimant had no public liability. Neither the defendant nor any liability is liable to be collected and the trial court dismissed the case and the appeal against the trial court's decision was dismissed, no evidence against the plaintiff. It was not submitted that before the claim against the plaintiff was raised, either he was given any notice or he had ever had a hearing. Or this amount of money in the dispute was determined after adopting the requirements of the West Pakistan Land Revenue Act, 1967, in the absence of any such evidence, it cannot be said that the residuals of the land revenue No legal amount was to be charged to the applicant. In the circumstances of submitting the demand before filing a case under section 91 of the West Pakistan Land Revenue Act, 1967, the finding of both the courts was not satisfactory and the orders of both the courts were kept separate and It was ordered to prosecute. As prayed

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