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MST. HEEMAT JEHAN versus ATTAULLAH SHAH


Section 13 Transfer of Property Act (IV of 1882), Section 52 Constitution of Pakistan, Article 23 Pre-Impression Suit The Right to Acquisition Property The principle of Les Pendens applies, Wendy transferred the suit property to his wife, one day Before he can file a lawsuit. During the pre-emptor trial, the pre-emptor also imposed the vendor's wife, because the defendant Pilia raised by Wendy meant that an importer would be able to enforce his right to a pre-emptive right against the transfer. There was no mandatory chat source. Legislative right of transfer in favor of the wife of a later transfer The principle of Les Pendenas protecting the property from any probable decree under the property under the valid principle. Was. Article 23 of the Constitution was subsequently enacted one day before the trial of the Conversation and it was registered the next day, namely, when the lawsuit was filed, therefore, the principle of Les Pendens did not apply. Subsequently, Talib did not pay any regard for the sale, nor did he accuse his plaintiff of providing any such interpretation. In this regard, the interest for successful exercise of the right to liens was then an independent transaction, which according to the pre-arrest law had to be vacated in advance, both courts misinterpreting the evidence and the law Under the jurisdiction of the review, the High Court granted the two courts under the jurisdiction of the pre-emptor in ruling on the wrongful use of the jurisdiction.

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