SARDAR KHAN versus HAJI AHMAD
The Appellate Court on the basis of record evidence in favor of respondent's jurisdiction in favor of the Special Relief Act 1877 Section 42 and 54 Civil Procedure Code (v. 1908), section 115 suit declaration and permanent gift challenging challenge mutation The trial court found that the lawsuit was filed by the defendants. / Defendants were within time and change of gift gift was not valid in respect of the defendants / applicants in dispute in the Appellate Court further found that the land in dispute was subject to mortgage and after getting rid, The plaintiff has received a fresh cause of action. The plaintiffs had proved that they had purchased the plaintiff from the plaintiff in a dispute through a sale agreement, which was never challenged by the defendant or that his successor and the plaintiff were in physical possession, the appellate court stated. / The gift changes in favor of the applicant were invalid and the plaintiffs / defendants who were the legitimate owners of the disputed land on SA basis filed the case within time, based on the evidence based on the evidence on record. Cannot be interrupted by
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