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MST. INAYAT BIBI versus MUHAMMAD BOOTA


Section 42 Limitation Act (IX of 8, 1908), Declaration of Issue of Title of Intent Occupancy 28 Pre-conditional property owner not identified The claimant claimed his title on the suit property on negative property. Under which both the courts simultaneously filed a case and ordered an appeal in favor of it. The legal status of the defendants (before it was declared a violation of Islamic orders) was intended to provide defense against the lawsuit filed by the legal owner, the legal owner's title was not extinguished by the negative possession claim. Went on to prove their title on the basis of negative possession, first identifying the legitimate owner of the suit property and then showing that their possession was openly against the plaintiff, and against him He has neither identified the legitimate owner nor claimed that he himself was in physical possession of the disputed land on the ground, The earth was open to be claimed by ayun, especially when the land was not close to the wall, but it was being used for any sectarian purpose, such claims should not be accepted. Except that there was no contradictory evidence in support of this, if there was no identifying owner in which the title of the suit property was given, it would be in these circumstances that the property was kept in the whole community and it should be Be available for communal use. The testimony of the witnesses presented by both parties, who confirmed that a bus stand, in fact, was being used for any communal purposes, was used by both courts in this matter.

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