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MUHAMMAD IQBAL versus MUKHTAR AHMAD


Section 42 and 45 of the Special Relief Act (of 1877), section 42 honorably settled by the two courts below the plaintiff alleging the conversion of the sale by the mere witness presented in favor of the plaintiff by his father. In order to prove the final result of the sale, the defendant was a limberholder who belonged to a city where there was no property in dispute, the trial court ruled in favor of the defendants and the decision passed by the trial court and The decision was upheld by the appellate court, the high court allowed the second appeal and set aside. For the courts, it is sufficient to conclude that the decisions passed by the two courts from the residence of the limber holder were sufficient to confirm that the changes were a violation of Section 42 of the West Pakistan Land Revenue Act, 1967. In such cases, the timber should belong to the same village. The property was located even though the association of the lumberman belonging to the same pivot circle was not considered to be a real lumberman, not only from the village where the land was located but also he was not aware of the location of the mutation. Both the lower courts also concluded that the High Court should have avoided interfering with the summary and correct finding of the facts. The decree of the lower courts and the order passed by the High Court were set aside while the appeal of the trial court and the appeal of the appellate court were allowed.

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