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INAYAT KHAN AND OTHERS versus ALLAH DITTA


Section 8 West Pakistan Land Revenue Act (XVII of 1967), Section 42 Civil Procedure Code (VV 1908), OI, R9 Constitution of Pakistan (1973), Article 185 (3) Recovery of Occupancy Rights not to be included in party entries In the interest of the forerunners of the suit land, in the year 1924 25, for the return of the suit land in favor of two Hindu brothers, the dispute between the mortgagee and the mortgagee was resolved through arbitration and the conversion of the mortgage was approved. Following the transfer of the mortgage to India based on the award, the suit land was allotted as a land of evacuation, in 1956, in favor of the immigrants who came from India. The land was sold to the defendants, the defendants demanded the reclamation of the suit land. The approval of the change in favor of the mortgage was not in accordance with the terms and conditions of the award given by the arbitrators. The trial court ruled that the suit in favor of the plaintiff was decided by the lower court, but the High Court rejected the decision of the two courts. Put aside the joint decisions and orders that had been purchased by the plaintiff before the lawsuit by the Allies in question. Such facts alone were sufficient to conclude that the defendants did not commit any fraud or misrepresentation. At the time of the purchase of underground land from the Allies, the Allies also did not commit any fraud or misrepresentation at the time of the underground allotment in their names. The land under question was considered to be the property of eviction which was allotted in the year 1956. And the defendants filed their case. Without suing the aqueduct of Custodian as a plaintiff in their claim, therefore, the case was dismissed.

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