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MUHAMMAD RIAZ versus FATEH MUHAMMAD


Martial Law Regulation 1972 No 115 para 25 of the Transfer of Property Act (IV of 1882), section 46 constitution of Pakistan (1973), Article 185 (3) was opposed by landlords on the ground of being tenants of pre-empire / property. ? However, there was a defense; the courts below rejected the grounds that they had joined with non-tenants who were non-tenants, considering the application for leave to appeal was considered. Along with the High Court, the subordinate courts also erred in this decision. They were not available to be a tenant in the land in the dispute so they could defeat the superior claim established by the breach.

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