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SALAH-UD-DIN KHAN versus BASHIR


Sections 2 (viii), 48 and 49 Civil Procedure Code (V 1908), O VII, R 10 Specific Relief Act (I of 1877), Sections 42 and 54, the plaintiff declared and permanently withheld the injunction The affidavit demanded that after the death of the predecessor in the interest of the defendants, the defendant (who was the tenant in the suit land) was not entitled to claim the tenancy of the suit land, in the trial case the court decided in OVII. , R 10, returned the plaintiff's case under CPC. This does not fall under the jurisdiction of the civil court. Admittedly, in the interest of the defendants, the foreclosure suit was tenant in its own right and the defendants occupied the suit land in such capacity as per section 2 (vii) of the Khyber Pakhtunkhwa Tenancy Act, 1950 The tenant and the landlord, respectively, the tenant, and the landlord will include the predecessor and the successor, and for that reason, the defendants own the tenancy rights in the suit land, because they inherit their foreclosure in interest. The plaintiff was a tenant; no court should admit it. The civil court had no jurisdiction over the acquisition of revenue except such dispute or dispute arising from the tenancy, and the plaintiff had dismissed the facts of the plaintiff before it was filed by the courts. The current revenue classification results were rejected as unthinkable.

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