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MAQBOOL AHMED AND OTHERS versus GHULAM HUSSAIN


Section 4 is the right to substitute lawsuits for the Prohibition of Immovable Property and Homelessness Act (XIV) Act, 1975 (XIV of 1975), section 2 (2) of the Special Relief Act (of 1877), section 55 Not sales. The High Court's findings on the question of the facts of the settlement authority's effect on the question of fact were allotted a house adjoining SS4 on 1912 1964, plot bearing auction adjacent to S4 on 1912 1964. Was. The settlement authority on 26 8 1964 and after the death of the auction buyer, his son sold the plot, the second plaintiff / respondents rejected the sale and the decision was passed in favor of which the High Court upheld the appeal. , The first plaintiff sued him, along with plot section 4 / B, as well as a permanent injunction against the second plaintiff, which was rejected by the trial court on 10 April 1984 and thereafter appealed. The applicant was dismissed. Zaiaf also filed a petition before the Enforcement Authority on 21-6 1968, challenging the auction proceedings, and the settlement administration accepted the application on 12 8 1991 and set aside the auction proceedings. Challenged the order, which was accepted by the Acceptance Authority's inquiry. Regarding the question of fact, one came to the strong conclusion that Plot No. S4 / B was never present on the occasion and nothing was available in the settlement record for allotment or auction. Nor was there any reason for the High Court to confirm the above finding by the settling authorities in relation to the pure question of fact.

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