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FAREEDA KHANUM versus RAZA MUHAMMAD


The Special Relief Act 1877 Section 12 Civil Procedure Code (v. 1908), section 115, for a specific performance expresses only the transfer of ownership of the judgment to the owner of the decree in his favor. The execution of the judgment is imposed by or through the debtor. The title of the property belongs to the creditor of the judgment until the transfer process takes place. Thus the courts below declared the plaintiff to be unlawful in which he claimed that he had given the property Is divided This shows that the plaintiff has received a symbolic possession of the property. The claimant could conduct the sale in such a way that the title of the house was permanently transferred in his favor and the amendment was excluded without merit.

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