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JAN PERVEZ versus HAJI FAZAL HUSSAIN


Section 5 Special Relief Act (I of 1877), Sections 9 and 54 Civil Procedure Code (v. 1908), O. XIV, R2 Constitution of Pakistan (1973), Article 12 Criminal Procedure Code (V9 1898), Sections 145 and 561A Cushing's Unlawful Settlement Case During a trial for civil court adjournment for a mandatory injunction, defendants filed a complaint under section 5 of the Illegal Settlement Act, 2005, alleging It is alleged that the applicant intended to forcibly expel them. The petitioner's complaint was that the trial took place without legal proceedings under Section 5 of the Illegal Settlement Act, 2005, when the complaint was drafted and filed. The trial court, which had complained of the act, had not yet committed, if in any way this offense had occurred, it should have been before the date of the commencement of the Unlawful Disposal Act, 2005, as the civil suit on the matter There was a hearing already, in front of the civil court. Relevant respondents can amend their case and seek remediation from the civil court. Respondents may also apply for appointment to a local commission for the determination / limitation of suit land to find out the true position. It may be claimed that the land owned by him in his possession. With regard to the provision of AXIV, on such a preliminary issue, the applicant was exceeded. R2, CPC can deal with all of this case by a civil court if it is taken seriously and reverses the jurisdiction authorized by the trial court under the Unlawful Settlement Act, 2005

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