365/1994 Suit SALEEM AHMED MIRZA (Plaintiff) V/S RETD. MAJOR SYED IFTIKHAR HUSSAIN ZAIDI (Defendant)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 13-MAR-14
Specific Relief Act (I of 1877)--- ----Ss. 42 & 8---Suit for declaration, possession, mesne profits and damages---Contention of plaintiff was that he was owner of suit land whose possession had been taken by the defendants forcibly---Validity---Plaintiff had established that he was owner of suit property---Possession of defendants upon the suit land could not be lawful---Unlawful occupant of suit property could only be termed as "trespasser"---No fraud had been committed in leasing the suit property in favour of plaintiff---Plaintiff had been denied to enjoy ownership right in the plot in question and he was entitled to mesne profit @ Rs. 500/ per day from the date of illegal possession of defendants---No documentary evidence had been produced to justify the claim of damages, therefore same could not be awarded on account of increase in cost of construction material---Plaintiff was declared lawful owner of suit land and he was entitled for vacant possession from defendants and mesne profits jointly and severally---Suit was decreed 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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