Law: Specific Relief Act, 1877

Section: 54

Specific Relief Act (I of 1877)--- ----S. 54---Suit for permanent injunction---Both petitioner and respondents filed suits seeking permanent injunction---Both suits were consolidated---Trial Court decreed suit filed by respondents as prayed for while dismissed suit filed by petitioner, who filed appeal wherein Appellate Court affirmed the decrees of the Trial Court---Case of respondents was that there was a Khal and a passage in respective Khasra numbers and they prayed for an injunction to restrain petitioner from interfering in or demolishing the path and the Khal---Existence of Khal was not disputed as same was established from Aks Shajra---Petitioner had no grievance to the extent of said Khal but petitioner had stated that there was no path in said Khasra No. as alleged by respondents---Record showed that the dispute related to a Khal only and there was no proof of any passage running along the Khal---Courts below in circumstances, had fallen in error by granting the injunction in favour of respondents to restrain the petitioner from demolishing the path---Impugned decrees, were liable to be modified to the effect that same were maintained to the extent of the Khal in dispute, but were set aside to the extent the same related to a passage. THIS JUDGMENT DELIVERED BY: JAWWAD S. KHAWAJA, J.--- The petitioner Sher Muhammad filed a suit seeking permanent injunction. The respondents also filed a suit seeking permanent injunction. Both suits were consolidated. The learned trial Court decreed the suit of the respondents as prayed for while dismissing the suit of the petitioner. The petitioner preferred an appeal wherein the learned Appellate Court affirmed the decrees of the learned trial Court. Hence, this revision petition. 2. The facts of this case are straightforward. It was the case of the respondents that there was a khal and a passage in Khasra No.60/31. They prayed for an injunction to restrain the petitioner from interfering in or demolishing the path and the khal. It is not in dispute that…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492