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KHALID HUSSAIN versus HAJI MUHAMMAD RAFIQUE


Section 53A and 54 Special Relief Act (I of 1877), Section 12 Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Section 42 (ii) Appeal dismissed from the Supreme Court suit for specific performance of the sale agreement , But while the appellate court below accepted the appeal against the trial court's decision, the settled suit was a part of the candlelight vigil in the case of the decedent land in which the plaintiff was not divorced. That the defendants who had the courts could not extend the benefit of section 33A. With regard to the ownership of property, the transfer of property to a party, which was not divided in Schmidt, of 1882, cannot be transferred without the permission of the relevant Revenue Authorities and unless a part of the property stands on this possession. Cannot be regulated. Shamilitad's land, as determined by the division of latitude and limitation, cannot be sold by oath, seller agreement or settlement decree or rebellion. The affidavit and sale agreement were issued by the civil court in Shimla Dey in relation to the owner of the shares in Shimlatdah, the High Court did not attend, and the trial court dismissed the trial court's suit. Had done. In conducting this transfer by oath, the plaintiff could not be considered to have settled the Deed in view of the codal provisions in section 454 of the Transfer Property Act, 1882, which were read with the restrictions imposed by the provisions of the Securities Act 1966. ? It was also not permissible that the plaintiff was entitled to benefit from the property under section 53A of the Transfer of Property Act, 1882, but the transfer of property

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