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FAZAL HUSSAIN versus MUSHRAF SULTANA


Punjab Pre-Emission Act 1913 Section 15 Constitution of Pakistan (1973), Article 185 (3) Long pending litigation in favor of the plaintiff because the pre-arrest orders were challenged in appeals. The pre-emption refund, which was the question, was finally seized by executing the decree in favor of the plaintiff (decree holder) and then by a registered sales deed in favor of the defendants. This land has been transferred. The applicant had entered into a contract of sale with the plaintiff himself (the subordinate). Land was sold to the respondents, the rights of the transfer of property to the holders (the plaintiffs) were not challenged, they were already vacated but they did not submit the money in compliance with the court order. The claim was dismissed, there was no weakness in such a case. In the High Court decision, the petitioner refused to give relief to the applicant and the appeal was refused.

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