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MUHAMMAD FAROOQ versus AZIZ FAZAL


Homeless Persons (Compensation and Rehabilitation) Act 1958 Section 10 West Pakistan Civil Rent Restriction Ordinance (VI VI 1959), Section 13 Constitution of Pakistan (1973), Article 185 (3) Proprietorship of property through permanent transfer of property Has been moved to. After hiring the respondent tenant through the applicant's predecessor, the order of eviction against the tenant was approved at the request of the applicant. During the execution proceedings an interlocutor had filed an objection to the transfer of the same asset, during the execution proceedings the interlocutor had filed an eviction petition against the tenant, after which the successors made the original transfer. Filed a constitutional petition in the interest of the plaintiff alleging that the transfer order was obtained by the intervening High Court through fraudulent claim that the transfer order of the property in favor of the interlocutor was forfeited property which was already permanent Was transferred as The petitioner's High Court in favor of the applicants is finding that a permanent transfer agreement in the interest of the applicant's predecessor, which was issued in the interest of the applicant's predecessor, has been in place for more than two decades. Was not available for transfer, on the basis of which the transfer order was issued, the correct reasoning was based on the fact that such property remains intact in the lands of the original transfer heirs, it cannot be transferred and Neither can a transfer order be issued to the interlocutor behind the original transfer nor can anyone Variations can be approved by placing orders in favor of the interceptor

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