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SARDAR ALI THROUGH LEGAL REPRESENTATIVES versus MAJOR GHULAM HAIDER KHAN NIAZI THROUGH LEGAL REPRESENTATIVES


Section 10 and 36 of the Supplemental Relief Act * (of 1877), the cancellation of the land suit under section 42 tube well scheme civil court scope suit land was allotted to the defendant under the tube well scheme, but this allotment thereafter Canceled. , The suit land was reopened and the applicant suit was allotted for the declaration filed by the respondent against the authorities and after the petitioner the allottee was rejected by the trial court, in which case the civil court Has no jurisdiction and this trial was barred under a timely decision. , The appellate court set aside that the civil court has jurisdiction over the matter, keeping in view the bar contained in section 36 of the Public Land Colonization (Punjab) Act 1912, the civil court has I had no jurisdiction because it had jurisdiction. Under this Act, special powers were delegated to this section, but no attempt was made to seek appropriate remedy in this regard. The respondents belonging to the classification, whose allotment was canceled in 1959 and He has been out of possession since 1964, he filed a lawsuit nearly 30 years after the allotment was canceled, a ban was imposed until the decision of the judgment and the appeal of the court were set aside. Was. And the trial court dismissed the suit filed by the respondent

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