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MUKHTAR AHMAD versus MAIRAJ DIN


The respondent's motion to retain the declaration in respect of section 42 suit land was already approved in favor of the respondent under a decree, the applicants challenged the defendant's right in respect of the land in dispute, There was an agreement between the parties, under which the defendant admitted that he was not entitled. In order to settle the dispute and the respondent agrees that if a case is brought against him, he will accept the claim of the applicants, the applicants have settled the defendant on the basis of an agreement between the parties. Which was a controversial written statement. To be filed by the defendant, however, the respondents alleged that he never entered into the alleged agreement and despite holding that agreement, he did not enter any of the acknowledged written courts below and admitted Written statement filed. , The dismissal of the claim filed by the applicants, the declaration case, the applicant should bring a case of specific performance. Implementation of the agreement between the parties and the approval of the written statement filed by the respondent were legally proved by the applicants when the rights of the applicants were denied under the agreement by the defendant. Was. Section 42 of the Special Relief Act, 1877, was created by the courts below that applicants should file a special performance case, it was a misunderstanding decision and orders were set aside and Plaintiff filed a petition against the petitioner

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