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MUHAMMAD MOOSA versus ALI AKBAR


The Special Relief Act 1877 Section 12 Government Occupants (Sindh) Act (III of 1899), Section 8 The plaintiff's defendants resisted the specific performance of the sale of agricultural land on the ground that they were registered through the sale deed. The land has been purchased and the trial court allegedly unaware of the sale agreement, dismissed the case on trial alleging that the sale of the land in his favor was not invalid and that the suit was invalid and timely. Was stopped, therefore, could not be retained in law. However, the appellate court ruled on the defendant's case to be taken up because the court below did not transfer the question on whether the suit land was not restricted land under the Sindh Act III of 1899. That the appellant was a good buyer for consideration without notice and, subsequently, in favor of the sale process, the sale agreement was no longer an operative question as to whether the suit land was a restricted land. Whether or not it was a question of fact, which could have been decided on the basis of the evidence, but this plea was not taken, the court below was not delayed by the same player, the respondents' right to disapproval. I did not even get a sale contract, because the appellant's request to be a buyer in exchange for value, the appellate court, in his favor made the sale invalid. Because the collector's permission was not obtained under section 8 of the Sindh Act III of 1899.

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