1575/2010 Suit MUHAMMAD ASHFAQ ARAIN (Plaintiff) V/S MUHAMMAD ISHAQUE ARAIN (Defendant)

1575/2010 Suit MUHAMMAD ASHFAQ ARAIN (Plaintiff) V/S MUHAMMAD ISHAQUE ARAIN (Defendant) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 12-JAN-15

Specific Relief Act (I of 1877)--- ---Ss. 42 & 8---Suit for declaration, possession and damages---Present suit was filed to obtain a conflicting judgment with regard to same property between the same parties---Plaintiff had deliberately over-valued the suit property and included a frivolous claim of damages which he did not try to prove even at ex parte trial---Plaintiff could not establish his claim by cogent and convincing evidence---Proof of ownership of plot was not enough to prove ownership of building standing thereon as other occupant was none other than his own brother---Defendant was in possession on suit property---Present suit had been filed after the lapse of 25 years of legal notice when plaintiff was requested for recovery of half portion of suit property---Defendant had already filed his claim---Plaintiff had obtained ex parte orders against the defendant by manipulation---Plaintiff had withheld the best evidence available with him and he had suppressed the facts---Issue of ownership was already subjudiced before competent court in a suit prior in time---Plaintiff had attempted to obtain ex parte order on the same issue---Suit was dismissed with cost.