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MST. NIAZ MANA versus LADY DOCTOR SHAMIM ARA


Section 39, 42 and 54 of the Transfer Property Act (IV 1882), Section 122 Civil Procedure Code (V8 1908), O VI, R4 Suit for Declaration, Permanent Order Release and Certified Gift Reversal of Gift Claim The plaintiff had also prayed for a permanent injunction in connection with the property which was allegedly resulting in fraud, collusion, illegality and void in favor of the defendant. Under the suit permanently, the courts admitted to proving material matters were on the shoulders of the plaintiff, but the plaintiff's trust, reliability and control It was not relieved by providing credible evidence The plaintiff failed to produce record evidence to support its version of fraud, etc. As the details of the fraud in the plaintiff were neither given to the plaintiff nor Proved. O VI, R 4, on the record by the plaintiff required under CPC, because if accused of fraud, it must be stated by the date, time and all the necessary information presented by the defendant. When the gift is variable, the one that was not questioned will be considered to prove it and will not require further proof, the gift was not proved by overwhelming evidence and also by the owner. The person confessed who died later 10 years of gift processing if there was a fraud in the gift conversion or confirmation of the completion of the gift transaction. , He had every right to challenge the same decision and the orders of the courts below were largely in accordance with the law and he did not face any inconvenience.

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