33/2007 Civil Revision Muhammad Younus (Applicant) V/S TMA Mirpurkhas and others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 07-OCT-15
(a) Specific Relief Act (I of 1877) --- ----S. 8---Suit for recovery of specific immovable property---Locus Standi---Scope---Plaintiff filed suit without obtaining any succession certificate to show that he was entitled to inherit the suit plot along with other legal heirs of the deceased---Plaintiff without disclosing legal heirs of deceased had no right/locus standi to sue defendants in his own right. (b) Specific Relief Act (I of 1877) --- ----S. 8---Civil Procedure Code (V of 1908), O.XXI, R.1(3) ---Suit for recovery of specific immovable property---Scope---Plaintiff had same cause of action which had accrued to his father even prior to formal purchase of suit plot---Cause of action of plaintiff as mentioned in plaint was one and the same that "octroi post was available on suit plot and his father had sought recovery of possession of that portion from Municipal Committee and Municipal Committee had promised to settle the issue, therefore, suit was withdrawn by plaintiff's father"---Same cause of action had been shown by plaintiff in capacity of son of earlier plaintiff by saying that octroi post was on suit plot and Municipal Committee had refused to vacate the same---Held, that merely because a sale deed was registered subsequently, cause of action could not be said to have accrued subsequently---Plaintiff had failed to even disclose the date of withdrawal of said suit---Plea of fresh cause of action on ground of registration of sale deed subsequent to filing of earlier suit had lost its value---Revision petition was dismissed, accordingly.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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