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ABDUL AZIZ versus QAISRA ASLAM


The trial court dismissed the case for section 8 limitation act (IX of 1908), Arts 83, 116, 142 and 144 for the suit, but the appellate court dismissed the case on the only ground under which the plaintiff filed its suit. Wanted to capture some part of The property sold to it by the defendant's predecessor, section 83 of the Act 1908 Act, 1908, was not applicable in the case of the plaintiff as it was not compensated even though such clause limitation Act of 1908 Contained in Article 116. In the case of the plaintiff, it was not applicable to impose a six-year limit as it did not claim compensation for breach of contract, so Section 142 of the Limitation Act 1908 also did not apply to the case of the plaintiff. According to the plaintiff he was never himself in possession of the part claimed by him, he only sought possession of a portion of the property sold to him, provided for a 12-year limit in Article 144 of the Limitation Act, 1908. In this case, the case was applied when the suit was filed by the plaintiff within 12 years; The order issued by the Pilot Court was set aside, and the trial court was reinstated.

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