HAMIDA BEGUM versus PROVINCE OF PUNJAB THROUGH COLLECTOR
Section 77 Civil Procedure Code (V of 1908), Section 11 Special Relief Act (I of 1877), Section 42 Displaced Persons (Land Settlement) Act (XLVII of 1958), sections 10 and 11 suits, transfer of evacuated land The plaintiff has been accused of declaring that the plaintiff has been subjected to the illegal and fraudulent trial court's registration of the same plaintiff's case under section 77 of the Registration Act 1908 The plaintiff was selling and denying the suit land through the registrar's sale deed. Section 77 of the Registration Act, 1908, upholds the petition of the Supreme Court of the plaintiff regarding its proprietary claimant and it has been ruled that the clause of section 11 cannot be aggravated in the plaintiff's case. The CPC Validity Trial Court dismissed the case under section 77 of the Registration Act, 1908, on the ground that the defendant could not refuse registration of the sale, as the plaintiff owns the land. Is. In the case under Section 77 of the Act, the trial court did not properly decide the ownership of either party, but has maintained the motion to decide such question in the independent judiciary. In order to enforce the principle of race judiciary, there must be a single claim, prayer and commitment among the parties. At that point, the issue of ownership of the suit land was not directly and substantially continued under section 77 of the Registration Act, 1908, where the defendant's request was repudiated under circumstances \ r \ n
Related judgments — Lahore High Court Lahore, 2012
