| Citation(s) |
|---|
| 2004 SLG 2743 2004 SLD 2743 2004 PLD 304 |
Sindh High Court
Mrs. Zahida Naqvi for Defendant No. 2., Mrs. Surriya Rahim for Defendant No. 4., DATE of hearing: 24th November, 2003., Suit No. 1172 of 2003, decided on 9th December, 2003
ANWAR ZAHEER, JAMALI, J
Anwar Tariq and Muhammad Sharif for Plaintiffs. Mrs. Zahida Naqvi for Defendant No. 2. Mrs. Surriya Rahim for Defendant No. 4.
Mrs. Zahida Naqvi for Defendant No. 2., Mrs. Surriya Rahim for Defendant No. 4., DATE of hearing: 24th November, 2003., Suit No. 1172 of 2003, decided on 9th December, 2003
ANWAR ZAHEER, JAMALI, J
Anwar Tariq and Muhammad Sharif for Plaintiffs. Mrs. Zahida Naqvi for Defendant No. 2. Mrs. Surriya Rahim for Defendant No. 4.
Mrs. ZUBAID---Plaintiff
VS
CITY DISTRICT GOVERNMENT, Karachi and others----Defendants
Law:
Section:
(a) Civil Procedure Code (V of 1908)--- ----O. II, R.2 & O. VII, R.11---Rejection of plaint---Effect---Rejection of plaint does not debar a party from filing a fresh suit on the same cause of action after removing such technical/legal objection. (b) Specific Relief Act (I of 1877)--- ----S. 42---Declaratory suit---Maintainability---Grievance of plaintiff was that defendants were denying facilities agreed to be provided at the time of leasing of the flat to her---Validity---Plaintiff being registered sub lessee of a flat in the suit plot could not be denied her right of seeking various reliefs against builder and subsequent buyer of a. portion of the suit plot---Plaint was maintainable in circumstances. (c) Specific Relief Act (I of 1877)----- ----S.42---Registration Act (XVI of 1908), S.17---Title over immovable property---Right of transferee---Scope---Title of transferee is subject to all legal obligations of the transferor in respect of the property transferred---Buyer cannot get a better title in the property than the one held by its seller. (d) Civil Procedure Code (V of 1908)----- ----O. XXXIX, Rr.1 & 2---Interim injunction, grant of---Indefeasible case in favour of plaintiff, decision of---Validity---For deciding fate of an application for grant of injunction under OXXXIX, Rr.1 and 2 C.P.C., in addition to examine question of irreparable loss and injury in case of refusal of injunction and balance of convenience, the Court has to see only a prima facie case and not a indefeasible case in favour of a party seeking injunction. (e) Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Interim injunction, grant of---Denial of facilities offered to lessee at the time of lease of suit property---Plaintiff was sub-lessee of a flat in residential apartments constructed by one of the defendants while the other defendant was purchaser of a portion of plot included in the area of the apartments---Purchaser intended to construct the disputed portion which was reserved for amenities---Validity---Plaintiff and other sub lessees residing in the constructed block of the apartment over the suit plot…
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