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NAEEMUDDIN MAAN versus AKHTAR ALI


The Property Act (I82 of 1882), Sections 60 and 67 Civil Procedure Code (VV 1908), Section 11 Mortgage Prediction, Alternative Relief Rights Rule Applying the Judiciary, Mortigor has sought a declaration on the basis that the mortgage Has been committed. The mortgagee also filed a mortgage property prediction on the basis that the mortgage was made after the due date, on the basis that it simply could not be executed without securing the business transaction. Failed to refund, both cases were dismissed by the trial court. But the appellate court allowed the mortgage appeal and, through mortgage, filed their claim that the mortgage lawsuit was not sustained because the race Judeta rule applied to their suit, nothing on the record to confirm. Was not available, if the issues involved in the appeal were issues directly and substantially by the mortgagee in his suit which could not be compared, considering the consideration of Section 11, CPC Mortgagor Never accepted the mortgage as a valid document, but rather challenged it primarily because of its lack of consideration. C., That he could not prove the suit filed by the mortgagee to redeem the property within the scope of section 60. The Mortgagee of the Transferred Property Act, 1882, never offered to pay or tender a mortgage before or after the date of the transfer, the lawsuit for mortgage forecasts followed. The property of section 67 of the Transferred Property Act, substituted 1882 in their claim by the mortgagee did not mean that the right to advance

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