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MUHAMMAD ABBAS versus MUHAMMAD MUNIR


Sections 20 and 28 of the Transfer of Property Act (IV of 1882), section 588 Special Relief Act (I of 1877), section 42 and 54 suit declarations and injunctive restraint mortgages, failure to redeem the former and the closing transaction to be the plaintiff's owner. On the basis of the said property, the property was kept in mortgage with them and it was not redeemed even after sixty years, but the trial court dismissed the case, but the lower appellate court ruled in favor of the plaintiffs. The same decision was made when the law of the law was made on 3 of 1989. Unlawful occupation was declared un-Islamic on 31 8 1991 because no decree was passed until the target date, ie 31 8 1991, so, after that date, no decree could be passed under the old law and It was not binding because it is section 28 of the Limitation Act, 1908. , Had already been declared un-Islamic and its influence had ceased to exist. If the case had been issued before the date of trial, the situation would have been different if some law or law had been declared. Against the integration of Islam, this meant that on that day it was not only non-Islamic but it was also non-Islamic in the past, as it would apply to all such matters pending the decision / announcement of the Supreme Court. That is, in order to avoid complications in 31 8 1991, cases that had already been settled or at least the first order passed in it, it should be decided in accordance with the law that existed before the Supreme Court's declaration. And will be treated as a past and closed transaction. The plaintiffs had possession of the land, the residents were enjoying possession of the land.

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