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GHULAM AKBAR versus JAHANGIR ALI


Section 44 Civil Code of Conduct (v. 1908), Section 12 (2) Decisions and Rules, Appellant was a partner in joint real estate keeping aside the sale of misrepresentation by the partner who had set aside the judgment. The letter was approved. The partners who sold their share to the respondents were dismissed by the High Court in the petition filed by the appellant. Real estate can be sold to a co-owner's interest or to another co-owner / shareholder, even as there was no question of alienation and transfer of section 44 Property Act, 1882, certifying such transfer. There is no question of alleged fraud or misrepresentation / concealment of facts, a copy of the Registered Convention Deed relied upon by the appellant that one of the appellants in the same survey number had also bought the undisclosed share. Transfer between the respondents in question cannot be questioned by the appellants Appeal was dismissed in the circumstances

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