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RASHIDAN versus CHHAJU


The trial court's decision regarding the jurisdiction of the Special Relief Act 1877 Section 42 Civil Procedure Code (v. 1908), O VII, R 10 Displaced Persons (Land Settlement) Act (XLVII of 1958) Section 4 suit. Returning case for forum submission. Was a vacant property and the civil court had no jurisdiction to try the same appellate court, assuming that the Central Government acquired it under Section 4, the Displaced Persons (Land Settlement) Act, 1958. The property was later vacated and the settlement was transferred to Alti through settlement. The department adjourned the trial to trial court for trial on merit. Appellant acknowledged that the decision of the appellate court below on the question of jurisdiction was correct and demanded it not to interfere, but said that the case of the respondents was not sustained as it was earlier in this regard. Failed to challenge changes. The land dispute arising from the remand order was limited to the question of jurisdiction, if the appellant had any objection, to retain the case, which could be raised before the trial court to dismiss the appeal.

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