Law:

Section:

Easements Act (V of 1882)------ ----S. 28---Constitution of Pakistan (1973), Art.199---Constitutional petition---Easement right to use open place---Petitioner, who was one of the villagers, had claimed that villagers were using open place of land owned by the Authority and had right to use the same without any hindrance from the said Authority---Petitioner had sought relief that Authority be directed to re-open gate and entrance of said open place which had been closed by the Authority without any lawful reason--­Petitioner who invoked Constitutional jurisdiction ought to have established his legal right in respect of said open place, but he had no right of any nature in respect of land in dispute which admittedly belonged to the Authority---Petitioner, who had sought enforcement of his alleged easement right having failed to establish his legal right in respect thereof, his petition was liable to be dismissed---Petitioner, if had any grievance, proper remedy for him was to seek relief before another forum as disputed question of facts could not be entertained in exercise of Constitutional jurisdiction. ORDER The petitioner filed petition seeking relief that the respondents Nos. 1 to 5 and also respondents Nos.6 to 7 may be directed to re-open the gate and entrance of the open space which has been closed without any lawful purpose and relieve the villagers, their children and petitioner from this trouble. The petitioner alleged in the petition that he is permanent resident of village Natha Khan Khoso, situated near Jinnah Terminal. Karachi Airport, consisting of 250 houses. It is further alleged that the villagers were using the vacant space covered by Civil Aviation Authority since beginning for the use of children of school, students of college to reach their school and colleges, male and female even children, patient for taking to the hospital from this open space. He alleged that on 6-2-2003 the Civil Aviation Authority under the directions of the respondent No.1 and with collusion of respondents Nos. 2 to 5 closed this open space by raising wall on it without having any useful purpose, but with intent to create difficulties and trouble for the villagers,…

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