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MUHAMMAD SADIQ versus MUSHTAQ


Section 42 Pakistan Administration of Equity Property Act (XII of 1957), Section 41 Homelessness (Land Settlement) Act (XLVII of 1958), Sections 22 and 25 Civil Procedure Code (V of 1908), O VII, R 11 Constitution of Pakistan , Article 185 ()) Prior to the dismissal of the civil court plaintiff's dismissal, the defendants were accepted on suit property allotment on the ground that the land was not vacant and that the settlement authorities were wrongly Allotted by the Appellate Court. It was filed on behalf of the plaintiff on the basis that the plaintiffs were restricted under the law that after the settlement law was repealed, the only remedy available to the plaintiff against the allotment of the land was the dealership suit. That was, before the civil court could impose sanctions under the section. 41 of the Pakistan Administration of Evacuation Property Act 1957, and suits established by the Defendants sections 22 and 25 of the Land Settlement Act, 1958, as the time-limit was imposed, since the ancestors of the defendants in 1952 The suit was allotted and after that, all such transfer proceedings in their favor were completed before the removal of the prescribed rules, based on the order of dismissal of the plaintiff approved by the amending court law. It was an unconstitutional High Court in exercising its proper jurisdiction and its jurisdiction under Article 199 of the Constitution, Desolate applicants complained evaluating the track verification court claimants against the complainant were properly maintained, as was the case under the ban. Section 41O of the Pakistan Administration of Aukei Property Act, 1957

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