41/2010 Civil Revision Karachi Metropolitan Corporation (Appellant) V/S Islamuddin & Another (Respondent)

41/2010 Civil Revision Karachi Metropolitan Corporation (Appellant) V/S Islamuddin & Another (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 02-DEC-16

Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120---Suit for declaration, injunction and damages---Concurrent findings of facts by the Courts below---Negative declaration---Damages---Onus to prove---Plaintiff claimed that plots in question did not belong to defendants and also claimed damages of general nature---Trial Court and Lower Appellate Court decided the suit and appeal in favour of plaintiff respectively---Validity---Burden of claim of Rs.10,00,000/- as damages on account of demolition of one shop was on plaintiff which he was required to discharge through positive evidence like market value of property demolished by defendants etc.---Plaintiff failed to even mention value of properties allegedly taken away of defendant at the time of demolishing of property---No evidence existed to quantify damages, if any, the award of damages to plaintiff was devoid of any legal and factual basis---Courts below did not read evidence and perused record in its true perspective---Plaint was ambiguous and was not maintainable as S.42(b) and (e) of Specific Relief Act, 1877, did not envisage negative declaration and / declaration of general nature in respect of immovable property in favour of unidentified persons who were not even before the Court---High Court set aside the findings of two Courts below as the same were suffering not only from misreading/non-reading of evidence and record but were also contrary to the relevant law---Revision was allowed in circumstances.