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.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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