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RAB NAWAZ AND OTHERS versus MUHAMMAD ALI THROUGH LEGAL REPRESENTATIVE


Section 42 Transfer of Property Act (I82 of I82), section 43 suite for sale is inherited from the plaintiff of his mother by the plaintiff of 169 kanal of land, according to the revenue records it is owned by 87 kanal land. His mother later declined to 478 kanal and 218 kanal to the defendant. Later, he inherited 58 kanal of land from his non-issue brother-in-law, in which he confirmed the sale in favor of 87 kanal land. Refuses to inherit an additional 58 kanal of land. The trial court and the appellate court ruled in order to certify the 58 Kanal land variations on the ground that the plaintiff had subsequently become its owner and for the declaration of the 58 Kanal land. Yes, but the High Court dismissed because the defendant was not. The plaintiff's knowledge of the plaintiff's actual holding on her actual conduct was not proved to the extent that the plaintiff was unaware of the fact that she was guilty of the true extent and fact of her ownership and her false statement that He had a wrong ownership of 169 kanals and after that the inheritance was allotted to his mother, part and parcel of the same property. By allotting the defendant's mother he was entitled to sell only 87 kanal of land. The defendant had acquired an interest in the suit property in the sense of section 43 of the Transfer of Property Act, 1882, which illegally sold part of his brother's property illegally. Equity would be in favor of the claimant, who paid 169 kanal of land, while paying 87 kanal of land and 58 kanal of land to meet the reduction of land transfer.

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