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As per case facts, plaintiffs sought title and possession, claiming land through lease and gift deeds from Hemayat Alli. Defendant No.1 claimed tenancy rights and partition from Gulam Nabi. The
...trial court dismissed the suit, favoring defendant No.1's title based on Tenant Ledger (TL) and rent receipts. The First Appellate Court reversed, questioning the oral lease for deity land and the validity of defendant No.1's settlement due to procedural non-compliance. Defendant No.1 appealed. The question arose whether a Civil Court can examine OEA Act orders despite a bar and if deity's marfatdars can induct lessees via oral lease. Finally, the Court ruled that Civil Courts can interfere with OEA orders if there's procedural illegality, but found the trial court's finding of public notice valid, which the First Appellate Court overlooked. It also noted the First Appellate Court erred in accepting secondary evidence without foundation and inadequately considered defendant No.1's evidence (TL, rent receipts, partition). The appeal was allowed, confirming the trial court's judgment.
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