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KHAN KHALID TASLEEM KHAN versus AKHTAR ALI


The trial court dismissed the co-owners of Section 42 in the joint litigation suit for declaration, but in the interests of the plaintiffs, the appellate court's decision was based on four accounts owned by the owner of the property after the death of its owner. Transferred to three sons, but the division had no effect. One of his sons sat down in favor of a certain measles number seller. The heirs of the deceased / two other sons of the deceased legally confessed that the seller had sold more land in the khata than he was entitled to, because he was entitled to 1/3 of the share in the joint khata question whether the khatas. The sale of the property may affect the rights of the co-owners in the total land, for the purpose of taxation only and does not affect the rights of the parties in the total land comprised of the four estates. , Which was part of the property inherited by the three brothers, the total land of the deceased was in a compact block, and the shopkeeper's entitlement to the four accounts had to be determined in four accounts across the country, not just with regard to one plow. The property owned by the seller was, therefore, not disputed by the vendor, and the appellate court did not properly enforce the law using it. The jurisdiction based on the land involved in the case alone and it did not take notice of the decision of the other khatas appeal and the wrong decision was set aside and the High Court restored the trial court.

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