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AMIR KHAN versus MUHAMMAD ISHAQUE


Specific Relief Act 1877 Section 42 Constitution of Pakistan (1973), Article 185 (3), dismissing the suit High Court after considering all the points raised before the suit for declaration without seeking any consequential relief, ( i) It is concluded that the respondents were in possession of the tenant in the record of the suit land revenue since 1970, and that the authorities received installments of the purchase amount from the respondents and allowed them to transfer the suit property. (Ii) since the applicant himself was in possession of the suit land for no more than 15 years, it is evident that as a result of the declaration in the present form It was not applicable even without claiming relief suit, there can be no exception, the view cannot be accepted that the High Court had refused the appeal leave.

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