365/1994 Suit SALEEM AHMED MIRZA (Plaintiff) V/S RETD. MAJOR SYED IFTIKHAR HUSSAIN ZAIDI (Defendant)
Bench: Hon'ble Mr. Justice Nazar Akbar
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.