549/2008 Suit MOBEEN RAZA and another (Appellant) V/S M/S. ALLOO & MINOCHER DINSHAW (Appellant)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 09-DEC-14
Specific Relief Act (I of 1877)--- ----S. 42---Suit for negative declaration seeking only the disentitlement of defendants in suit property---Maintainability---Interpretation of S.42, Specific Relief Act, 1877---Plaintiff sought declaration to the effect that the defendants had no interest in the suit property and were not entitled to sell or dispose of, the same---Question before the High Court was whether plaintiffs could seek such negative declaration in relation to the disentitlement of the defendants without claiming in ownership , interest or legal character for themselves in relation to the suit property ---Held, that plaintiffs had not sought relief in respect of property in question for themselves, nor any legal character had been attributed to suit property, hence no entitlement in terms of S.42 of the Specific Relief Act, 1877 was available to the plaintiffs---Plaintiffs had sought declaration to the effect that defendants had no locus standi or right in relation to the suit property; however such prayer would not entitle the plaintiffs to file suit for declaration when they were not claiming any interest, title or legal character in the property, and especially when defendants had established their interest in the property by placing a registered sale deed---Suit for negative declaration was only maintainable in certain exceptional cases---When a plaintiff demonstrated some interest in the property to which some legal sanctity could be attached only then plaintiffs could seek some legal character in terms of S.42 of the Specific Relief Act, 1877---Suit for declaration, in the present case, sought declaration to the disentitlement of the defendants, and was not maintainable---Suit 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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