Case Details

Citation(s)
2014 SLG 2580 2014 SLD 2580 2014 YLR 1304
Sindh High Court
Civil Revision No. 353 of 2011, decided on 7th March, 2014
SHAHNAWAZ TARIQ, J
Saeed-ud-Din Siddiqui for Applicant. Irfan Ahmed Qureshi for
Respondent No. 1. Ch. Bashir Ahmed A.A.G. for the State

MUNICIPAL COMMITTEE TANDO JAM through T.M.O. and Taluka Administration (RURal) Taluka, HyderabaD

VS

ARJAN KUMAR and 12 others

Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss.43 & 54---Civil Procedure Code (V of 1908), S.115---Suit for declaration and injunction---Concurrent findings of fact by two courts below---Cancellation of lease---Municipal Committee leased out suit land to plaintiff for 99 years in open auction but subsequently cancelled the same---Trial Court and Lower Appellate Court concurrently decreed the suit in favour of plaintiff--- Validity--- Provincial Government at the relevant time, had appointed Administrator to manage, control and supervise affairs of Municipal Committee in question---Considering financial collapse of Municipal Committee, particularly its failure to pay salaries of staff for six months and after calling prevailing market value of suit land from concerned revenue authorities through letter, Administrator approached concerned quarter of government and sought permission, which itself was sufficient for sale and execution of lease in favour of plaintiff---Administrator was permitted by the Minister for sale of plot in question and consequently suit plot was sold out through open auction---Both Courts below had properly examined and discussed evidence adduced by parties supported with their documents in respect of their claims---Concurrent findings could not be interfered without establishing that same were invalid, erroneous or result of misreading or non-reading of material evidence available on record or Courts below had no jurisdiction to decide the matter---Municipal Committee failed to point out any illegality or infirmity in s of both the Courts below and the same did not call for any interference by High Court in exercise of revisional jurisdiction and the same were maintained--Revision was dismissed in circumstances. Dilawar Khan v. Mehrun Nissa 2011 YLR 872; Muhammad Rashid Ahmed v. Muhammad Siddique PLD 2002 SC 293; Haji Muhammad Din v. Malik Muhammad Abdullah PLD 1994 SC 291 and Abdul Rahim v. Mrs. Jannatay Bibi and others 2000 SCMR 346 ref. ORDER SHAHNAWAZ TARIQ, J.---Through instant civil revision application, the applicant Municipal Committee, Tando Jam has impugned the judgment dated 29-9-2011 passed by learned Vth Additional District…
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