266/1987 R.A (Civil Revision) Syed Ghanzfar Hussain & Ors (Applicant) V/S Nooruddin & Ors (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar(Author)
Order Date: 15-APR-16
(a) Specific Relief Act (I of 1877)--- ----S. 54---Suit for permanent injunction---Illegal construction---Proof---Plaintiffs challenged the illegal construction by the defendants on the open space around their property---Trial Court, deciding the issue as to ownership of the plaintiff in affirmative, dismissed the suit regarding the illegal construction, and the appellate court upheld the findings of the Trial Court---Validity---Revision petition had been pending for 29 years due to the delaying tactics of the defendants---Defendants had not filed any objection to the Nazir report, which was supported with the photographs and details of encroachments upon the open spaces---Both the courts below had not taken into consideration the proceedings of the earlier identical suit filed by the predecessor of the plaintiffs against the defendants---Defendants had challenged the judgment passed in the said earlier suit in appeal which had been dismissed---Appellate court in said appeal had inspected the premises and inspection/observations of the court were part of the judgment delivered against the defendants---Both courts below had refused to give any importance to the Commissioner's reports, without assigning any reason for not taking those reports into consideration, in which case, for proper and fair adjudication of the issue of raising construction in open spaces on the property, the courts had to personally inspect the site in dispute---Commissioner, who had inspected the site, had appeared as a witness and also produced photographs along with the inspection reports showing blocking of the passages, and the defendants had failed to prove anything contrary to the actual inspection reports, nor had they filed any objections to the inspection reports---Inspection reports prepared twice on order of the High Court had confirmed the inspection reports, whereunder, the defendants had been found to be in occupation of open spaces---Trial Court had failed to appreciate the documentary evidence including the site plan issued by the Settlement Department showing the exact location of open spaces at the disputed site---Said site plan had been first endorsed by the civil court in earlier suit, and on the basis of the same, the defendants had been forced to remove illegal constructions from the open spaces in execution of the judgment and decree, and the site plan had been again endorsed by the Settlement Department, which was reconfirmation of the plan 1999 CLC 312 and 2011 SCMR 1255 rel.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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