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KAMAL AHMED versus MESSRS RAZI CONSTRUCTION COMPANY THROUGH MANAGING DIRECTOR/SOLE PROPRIETOR


Sections 12, 39, 42 and 54 of the Civil Procedure Code (v. 1908), O. VII, R 11 Application for the special performance of the suit contract, the declaration and cancellation of the sale agreement and the removal of the plot as requested for permanent injunction. Was allotted. The defendant was given the power to the defendant that the defendant had appointed someone else to be his lawyer in connection with the plot and was told that the power of attorney was given the power to sell the lawyer and It is stated that the plaintiff and the plaintiff had entered into a sale agreement through his lawyer. In his case, Plaintiff alleged that the lawyer subsequently became dishonest and that his owner had tried to seize the plot illegally by the defendant in the present case, with the plaintiff selling the plot in question. Had a contract, which was forbidden. The allotment order and the rules under which the allotment of the said plot was made in favor of the respondent only by the allotments did not give him any award of the allotted land, but he did not have the right to construct a house or multi-storeyed flat. land had obtained permission to enter the said land, and then to sell it according to the rules and when the construction of the above houses / flats was completed. It was then entitled to a lease of only 99 years from the conditions contained in the allotment order, and regulations have revealed that the sale / transfer of open land by the defendant is prohibited and any such land is sold. Cannot be contracted to do. Due to the hypocrisy of open plot law, it cannot be implemented and the case is bound to be rejected by the plaintiff.

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