Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Transfer of Property Act (IV of 1882), S. 52---Suit for declaration---Lease of land---Conversion of plot from residential to commercial---Plot in question was for residential purpose only and was not to be diverted to other use without previous consent in writing of the lessor and Housing Society---Private person could not produce a copy of such document which was not in his custody---No letter was written by the lessee to the Housing Society for conversion of plot from residential to commercial---Lessee did not acquire leasehold rights of a commercial plot---Letter for conversion of plot from residential to commercial produced by the defendants was forged and manipulated---Both the courts below had failed to read evidence correctly and findings given by them were totally against the evidence on record---Plot in question was not converted from residential to commercial---If an area/road was declared commercial by operation of law, there was no need to obtain any fresh/separate permission for change or use of land/plot in such area or on such road---If suit property was alienated by defendants during pendency of suit, such alienation/transfer would not be hit by provisions of S. 52 of Transfer of Property Act, 1882, however, passed in the present case would be binding on any subsequent buyer---Impugned s passed by both the courts below suffered from misreading, non-reading and mis-conception of the evidence available on record which were set aside and case was remanded to the Trial Court for decision afresh on the basis of material on record---Appeal was accepted in circumstances. Basit Sibtain through L.Rs. v. Muhammad Sharif through L.Rs. 2004 SCMR 578; Abdus Saeed Khan and others v. Basharat Ali and others PLD 1995 Lah. 255; Muhammad Yousuf and others v. Muhammad Younas and others 1995 CLC 1780; PLD 2010 Kar. 374 and 2001 SCMR 279 ref. Mst. Tabassum Shaheen v. Mst. Uzma Rahat 2012 SCMR 983; Lalji Singh v. Rameshuwar Misra 1983 9 All LR 269 and Alamdar Hussain v. Nazar Hussain and others 2004 SCMR 595 rel. THIS JUDGMENT DELIVERED BY: SADIQ HUSSAIN BHATTI, JUSTICE:---.--- The appellant is aggrieved by the judgment…