Section 12 Civil Procedure Code (v. 1908), O II, R 2 and O VII, R 11 Supply the possession of the property to the claimant in the execution of the decree passed in the former suit for the specific performance of the sale contract In the previous case for recovery, the trial court rejected the petitioner's request for dismissal by the plaintiff / plaintiff's petition O II, R 2 against the defendant, Accepted the application, but the appellate court dismissed the plaintiff's claim that she could not claim the rent. Due to non-title document, the right of ownership of unregistered sale deed was levied on the plaintiff after approval of such decree, in which the unregistered sale deed was incorporated after the approval of such decree. And as a legitimate owner can claim all the rights and benefits in the property. The right to seek rent collection shall be in favor of such date of acceptance of such decree, the provisions of OII, R2, CPC, shall not apply to any relief thereafter asked in that case. , Which the plaintiff cannot make a legal claim that was the cause of the proceedings in the previous case and the proceedings were not the same in the subsequent cases, the latter was not barred by O II, R2. That is, the CPC High Court remanded the trial court to ascertain whether the plaintiff could go on trial. Claim a rental agreement for sale or by contract or within the limits set by law
Related judgments — Peshawar High Court NWFP, 2011
