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MESSRS KASHMIRIAN PVT. LTD. THROUGH SHOMAILA LOAN MARKER versus GHULAM NABI GUJJAR

Section 12 and 42 Civil Procedure Code (v. 1908), Section 2 (12) Limitation Act (IX of 1908), Article 109 suit possession, declaration and recovery of profit, flat property in an apartment built by a builder claimant The dispute was claimed to have purchased the suit flat from its builder, while the defendant claimed to have purchased it from a \ N \ defendant neither appeared nor testified as his own. Examined, but also examined his son / lawyer, who offered a sale agreement in favor of agreement N favor. Failure to prove the plaintiff's claimant rate by executing in favor of the defendant by and by General Power of Attorney General N by, the defendant's witness admission on the present rate of rent of the suit flat 5000 to 5,500 Is between Rs. It did not disclose that its executives acquired the title pursuant to the flat. No buyer will receive a better title than the one who owns the flat title in favor of the defendant through its er builder or someone. His seller had a transfer with that title on transfer. According to the flat in favor of er N of the builder could not be tiled, therefore, at the time of alleged purchase from the defendant, \ n \ could not obtain a valid / legal title from the plaintiff. , Neither requested the Builder-issued allocation documents nor requested the Builder's endorsement, nor can the public-defended objects claim \ N to the amount paid, but to the Claimant. Cannot ask for the right to claim ownership of the flat. The builder was not asked during cross-examination that the plaintiff did not present the flat to the plaintiff list of advocates from Raiwind lawyer