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MST. AMINA (DECEASED) THROUGH LEGAL HEIRS versus MST. JAMEELA BEGUM


A. XXXIX, Rr. 1 and 2 of the Special Relief Act (I of 1877), for the declaration of suits section 42 and 52 with the injunction lease pendant, the theory of applicable merger was denied by the trial court. , Such as the three components, such as the case, irreparable harm and the balance of convenience must exist to entitle the plaintiff to relief. The alleged sale of the property was applied in 1991 and challenged in the year 2003, and after the death of the plaintiff, the mother was the first legal heir. It did not challenge the alleged sale of the property and whoever in the course of his life had kept the plaintiff in the dark, it was a question of fact, but it was worth it, which needed proof. It cannot be assumed that for so long, the plaintiffs were unaware of the alleged transaction, there was no first case in favor of the plaintiff, however, the High Court ruled that the suit should be sent to the defendant in case of reversal. The buyer must notify the seller of the suit's legality in writing so that the defendants' fraud under the lease pendency rule is protected \ r \ n \ r \ n

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