Law:

Section:

Specific Relief Act (I of 1877)-------- ------Ss. 42 & 54---Declaration of title---Assailing of passed by Criminal Court---Dispute was with regard to possession of suit property--­Plaintiffs asserted that the suit property was sold and possession was delivered to the buyer as major portion of consideration amount was received by the predecessor of the plaintiffs---Buyer disappeared and balance consideration amount remained unpaid, therefore, the plaintiffs recovered the possession---Criminal proceedings were initiated by the defendant Bank against the buyer for commission of fraud---Court, during the criminal proceedings, had found the Bank entitled to possession of the suit property as the same was purchased with the money of the defendant Bank---Criminal Court had provided ample opportunity to the plaintiffs to put forward their case, but they failed to satisfy the Court---Plea raised by the plaintiffs was that order of Criminal Court m determining the title was not conclusive---Validity---Hands of plaintiffs were soiled and they had Court with sly and -catty faces---Plaintiffs, from the beginning took unfair advantage and had manipulated the situation in their favour---Predecessor of plaintiffs having appropriated the larger portion of the sale consideration consequently they could not be declared the owners of the suit property---Judgment passed by Criminal Court had attained finalityâ-ž thus the same could not be questioned in the civil suit--­Declaratory relief being a discretionary relief, the same could not be granted to the plaintiffs approaching the Court with unclean hands or it would have clothed the suit or with an undeserving advantage or would have inflicted unjustified loss on the defendant-Bank---Plaintiffs had no legal character to maintain the suit and the same was dismissed in circumstances. 18 CWN 1146; ILR 27 Bom. 293; AIR 1971 SC 385; PLD 1970 SC 343; 1968 SCMR 509; PLD 1966 Lah. 953- and PLD 1986 Kar. 74 distinguished. JUDGMENT This is a suit for declaration and perpetual injunction. Brief acts as unfolded in the plaint are that the plaintiffs are joint owners of bungalow constructed on Plot No. 12-A/1, situated in 3rd Gizri Street,…

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