250/2004 Civil Revision Jameel Ahmed (Applicant) V/S Nazir Ahmed & another (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 23-SEP-16
Specific Relief Act (I of 1877)--- ----Ss. 42, 39 & 54---Suit for declaration cancellation of document and injunction---Title of ownership---Proof---Cross claims---Respondent filed suit for declaration and possession of suit property as owner by virtue of allotment order dated 27-3-1962, which allotment matured into registered lease deed dated 18-2-1987 conversely the applicant, sought declaration and cancellation of lease deed dated 18-2-1987--Trial Court as well as Lower Appellate Court concurrently decreed suit filed by respondent and dismissed that filed by applicant---Validity---Applicant in his plaint claimed his entitlement for lease on the ground that he had occupied suit property in year 1961 when it was lying vacant---By occupying property which was lying vacant, one could not acquire any right in such property, particularly when the property belonged to government institution---Such property had to be disposed of in accordance with law---Applicant made first application to Karachi Development Authority in year, 1980, without disclosing that as to under what circumstances he entered into property and despite the fact that he was facing rent case instituted against him by respondent, who held official allotment order of suit property issued by competent authority---Other document such as certificate of Justice of Peace issued in year, 1980, and electricity bills of year 1996, etc. did not confer any title better than allotment issued by competent authority in year, 1962 and subsequent registered lease deed by competent authority---Claim of applicant was frivolous and he was also guilty of abusing process of Court to perpetuate his illegal occupation over suit property for more than 25 years---High Court declined to interfere in concurrent findings of two Courts below---Revision was dismissed in circumstances.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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