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KHAWAJA NAYYAR QAYYUM versus ZUBAIR QAYYUM


Sections 2 and 3 were asked for a partial partition of the property and a separate occupied ancestral home A defendant contested the claim, claiming that he owned two other properties owned by the property builders. , And was not added. In the division case, the case was thus unable to be sustained because the partial demand for partition was denied by the trial court and the preliminary injunction was granted. The appellate court overturned the decision of the trial, stating that the properties held by Benami were also dealt with in a distributor proceeding and the case was decided on remand. The appellate court was not legally durable because the plaintiff was entitled to confine his case to the property in the interest of his predecessor. The plaintiff did not own the property in the name of other persons if the defendant had such property. Had a claim on It should have filed a separate case for the judgment and the appellate court ruling were set aside and the trial court's ruling and order was restored.

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