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DUR MUHAMMAD versus ABDUL SATTAR


Section 42 The West Pakistan Land Revenue Act (XVII of 1967), Section 52 Demarcation Act (IX of 1908), Section 144, a claim for declaration and possession by the plaintiff in which he was the son of the deceased landlord and the land owned by the landowner. The heirs are entitled to the question by him underground, in return, in favor of the defendants, who were the brother of the deceased, on the assumption that he has died unaccompanied and his wife has already died. The trial court dismissed the plaintiff's case, while the appellate court overruled the appellate court. According to the principle that the total effect of the evidence was to weigh which the appellate court had completely ignored, more than forty years had passed between the death of the accused and the filing of the lawsuit by the plaintiff. No evidence was presented by the plaintiff to prove it. That he had received rent / production from the claimant in his cross inspection and stated that he had occupied the land. By itself, such farming was neither taken into account by the plaintiff nor was the testimony of the defendant presented by such plaintiff. However, it was conceded that the defendants had been engaged in cultivating the land that was not available since the death of the deceased, nor had any lease agreement been presented nor any measles mortgage entries submitted. Whether such land was leased to the defendants or they were cultivating like tenants as the plaintiff himself showed the recording of his rights to the defendant as the landlord in possession of the land in question. In this way, the rights of the defendants are linked to the registration of the rights

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