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HAYAT versus JALLAN


The suit for the Declaration of Special Relief Act 1877 Section 42, the merits of the possession of a partner, will always be considered in law by all other shareholders unless the common property is disposed of by the claimant to the other partner. Although the shareholder was out of his possession, the special property suit did not have to claim that the joint possession could be claimed in the capacity of the heir [Co sharer].

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