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MST. FATIMA BIBI versus MST. IRSHAD BEGUM


Section 15 Special Relief Act (I of 1877), Section 42 of the Evidence (10 of 1984), Article 58 Transfer of Property Act (IV of 1882), Section 52 Pre-discrimination, to file a declaration against the shopkeeper The pre-emptor filed a lawsuit for possession by the pre-emperor, after which the vendor challenged the subject-seller case for pre-emption litigation based on fraud and misrepresentation. It was that the declaration was obtained through fraud and fraud. The suit was decided at the same time a suit was set up for occupation on the basis of pre-emption before the declaration demanded the cancellation of the sale deed which was said to have been made on the eve of the trial. The umpire's rights have been exercised. The land was impacted by a registered sale deed which the seller suit did not deny was collectively signed for declaration with the shopkeeper seeking fraud and collusion to thwart the rights of the seller. The decree passed in the pre-arrest case had no legal effect and did not affect the rights of the umpire according to the country's principal lease. In the present case the pendant was applied to protect the rights of the pre-emperor. The importer was not a party to the lawsuit filed by the seller and was not constrained in any way; the principle of the declaration cannot be allowed to be maintained. Successful litigation will protect the rights of litigants. The declaration should be declared as repurchase in favor of the shopkeeper

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