Law: Punjab Local Government Ordinance (VI of 1979)

Section: 75,74

Law: Punjab Local Government Ordinance (VI of 1979)

Section: 75,74

Law: Specific Relief Act, 1877

Section: 54,56

Specific Relief Act (I of 1877)-------Ss. 42 & 54---Suit for declaration and injunction---Amenity plot---Proof---Concurrent findings of fact by courts below---Plaintiffs claimed to be owners of plots in question and assailed order passed by defendants, wherein the plots were claimed to be amenity plots and defendants intended to dispossess the plaintiffs---Judgment and decree passed in favour of plaintiffs by Trial Court was maintained by Lower Appellate Court---Validity---Defendants did not succeed in establishing the fact that either a scheme had been duly approved by authorities or plots were reserved for the purpose of open space or amenity plots---Defendants did not produce much evidence to discharge onus of proof placed on them---Authorities had never sanctioned any scheme for development of alleged open space nor was any lawful order, site plan or notification made or issued in such regard---Plots in question belonged to plaintiffs who were bona fide purchasers / owners of the same and those did not fall within the definition of amenity plots---Findings recorded by two courts below were legal, valid and supported by record and no illegality or irregularity on the part of Trial Court or Lower Appellate Court had been pointed out by defendants---Both the courts below did not misread or ignore any evidence---High Court declined to interfere in concurrent s and decrees passed by two courts below---Revision was dismissed in circumstances. Nemo for Petitioners. Malik Muhammad Nadeem for Respondents. ORDER IJAZ-UL AHSAN, J.--- The petitioners challenge judgment and decree dated 12-9-2007 passed by a learned Civil Judge at Lahore which was upheld in appeal vide judgment and decree dated 18-9-2008 passed by a learned Additional District Judge, Lahore. 2. The petition is being decided along with Civil Revision No.1066 or 2009 because common questions of law and fact arise in both matters which relate to the same scheme. Two different orders are being passed owing to difference of parties. However, the legal reasoning in both. matters is the same. 3. The learned counsel for the petitioner is not present today despite notice for today's hearing. The learned…

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