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K.MARACAIR versus ABDUL GHAFOOR


CPC Parties Civil Procedure Code Order I was sued by the landlord / applicant for suits O 1, R 10 (2) by the landlord / applicant, but was dismissed in the appellate court. I was taken over by a brother and other relative of the original landlord. The suit filed against the landlord and its relative landlord for recovery of possession and damages was sued by the landlord and tenants / defendants in the case of property and loss recovery. Was. Acknowledged that the claimant / tenants were forcibly evicted by his brother and other relatives, but the claimant was not entitled to claim damages. The original landlord also asserted that the defendants, who were his brother and relatives, were in unlawful occupation of the premises and he had committed adultery in the adjoining premises as the real landlord belonging to the claimant / tenants. Respondent was made in the suit filed by the petitioner, filed under Rule 0 (1), R 10 (2), that the CPC be enforced as the plaintiff in the case, claiming that such action The purpose of the suit was to avoid overloading the suit, the original landlord further emphasizing that the tenants were physically in possession of the property they owned and was in the construction work. By taking possession of the suit property by the plaintiff / tenants, and applying himself as one of the claimants, he will be able to seek treatment in the suit to protect his constructive possession, for the purposes of 0 1, R 10; The CPC had to ensure that all necessary and appropriate parties were prepared for the court's decision for the appropriate dispute resolution.

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