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GHULAM NABI versus ALLAH DITTA


Specific Relief Act 1877 Section 42 Suite For declaration and permanent injunctive relief, even if the declaration was obtained free of decree, when there was no declaratory decree, then the question of flowing results would not arise, after the declaration of relief. Consequently relief cannot be given. As the defendants being co-owners of the underground land, every inch of the land was considered to be the owner, so it would not be appropriate to prevent them from entering it or to interfere with the physical possession of another co-owner. Allowed This is equivalent to allowing a partner to forfeit a permanent injunction to forcibly take over any valuable piece of common property / land and then interfere with the other partner's possession. The partner / owner will also disappoint the distribution of the shared property

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