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NAZIMA BEGUM versus HASINA BEGUM


Specific Relief Act 1877 Sections 12 and 54 Civil Procedure Code (VV 1908), O II, R 2 & O VII, R 11 for a permanent injunction against the plaintiff which prevents the settlement of the property during the inquiry. The property was disposed of while the property was immovable, the plaintiff filed a lawsuit against the defendants for specific performance of the contract, and after that, the defendant's request to withdraw the previous trial for a permanent injunction Lea, then dismissed the case under the provisions of 0 11, R 2. The Civil Procedure Code, 1908, was remanded by the appellate court, and such finding was upheld by the High Court that the usual course of action for breach of a property sale contract was that of the specific performance of the contract. Plaintiff did not deserve two to be sued. Relief in breach of contract. One was not entitled to only one relief ie suit for specific performance by order of injunction and the other by specific performance, supply of O II, R 2, CPC there is no restriction of the appellate court's view of such specific performance. Was. The review was confirmed by the High Court in accordance with the law which was rejected for lack of merits of appeal.

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