873/2013 Suit Aftab Hussain (Plaintiff) V/S Government of Sindh & Others (Defendant)

873/2013 Suit Aftab Hussain (Plaintiff) V/S Government of Sindh & Others (Defendant) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 24-FEB-14

"a) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Specific Relief Act (I of 1877), Ss. 42 & 56---Lease agreement---Scope---Suit for permanent injunction , recovery of amount incurred on the maintenance and renovation of suit property and security deposited for the same---Rejection of plaint---Scope---Contention of plaintiff was that defendant had assured that he would not be evicted from the suit property and licence would be extended for another three years and he had incurred amount on the maintenance and renovation of premises and security for the same was also paid to the defendant---Validity---Neither declaration to the effect that plaintiff was a lessee was made nor he could maintain the present suit as a licensee---Expenses incurred on the renovation of premises would not give any cause of action to the plaintiff as agreement was silent with regard to construction or renovation work---Claim of damages was maintainable only in case the defendant had withheld the permission to use the premises without notice which was not the matter in the present case---Alleged claim of compensation/damages was not maintainable as plaintiff was given notice not to enter into the suit property---Plaintiff had no cause of action and no injunction could be granted of any nature---Present suit was hit by Ss. 42 & 56 (f) of Specific Relief Act, 1877---Application for rejection of plaint was accepted and plaint was rejected in circumstances. (b) Words and phrases--- ----""Lease"" and ""licence""---Distinction---Lease was transfer of interest in property whereas in a licence such element was excluded; exclusive right of possession was granted to the lessee and the lessor was totally excluded from such right; right granted to the lessee was assignable and transferable while in a licence it was not so; licence was a personal right which was purely permissible right; notwithstanding the permission, the grantor would retain control over the property." Advocates: Muhammad Faisal(ADVO-9404-SBC-KHI),Advocate General Sindh(ADVO-GEN-SBC-KHI),Mohammad Ali Hakro(ADVO-9073-SBC-KHI)