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MUHAMMAD HUSSAIN versus BAKHTAWAR


Defendant relied on the Special Relief Act 1877 Sections 12 and 28 Civil Procedure Code (v. 1908), the second appeal suit for the specific performance of the contract executing the sale of 100, on the basis of which the plaintiff was acquitted. Was completely denied, which was the decision of a rural, illiterate old woman and the decree passed by the trial court in favor of the plaintiff, below that the appellate court observed that the plaintiff, in addition to the other contradictions that appeared before the alleged agreement. Implementing the contract in favor of not only the burden of the majority to prove it, but also To gods vi] freely consent to the execution by the old woman old woman in her favor had taken place, had failed to remove. This burden was given by the Appellate Court to set aside the trial court's findings, because on the basis of the record, there was no case, which was not submitted for interference with the second appeal.

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