Law: Specific Relief Act, 1877

Section: 42,54

(a) Specific Relief Act (I of 1877)--- ---S. 42---Applicability of S.42, Specific Relief Act, 1877---Scope---Section 42 of Specific Relief Act, 1877 would apply only to the cases where plaintiff had filed a suit to claim entitlement to any legal character or right to any property which entitlement was denied by the defendants---Said section could not apply to the cases where only entitlement or legal character to the property of defendant was denied by the plaintiff---Section 42 of Specific Relief Act, 1877 would be attracted to a case in which plaintiff had approached the court for protecting his right or legal character to the property but where right to his own legal character or property was not involved then suit was not maintainable---Section 42 of Specific Relief Act, 1877 did not give an unrestricted right of instituting all kinds of declaratory suits and same was limited. (b) Specific Relief Act (I of 1877)--- ----S.54---Perpetual injunction, grant of---Scope---Perpetual injunction could be granted to prevent the breach of obligation existing in favour of a party. JUDGMENT SYED SAEEDUDDIN NASIR, J.--The plaintiff has filed present suit for declaration recovery of Rs.31,25,000 and permanent injunction with the following prayer:-- (1) Pass decree against the defendant for the recovery of Rs.31,25,000. (2) Permanently restrain the defendant not to dispose of, alienate, transfer or convey and/or to create any third party interest over the said property (House No. 1014 Survey No. 1127, M.A.C.I. Mehmoodabad No.6), Karachi. (3) Permanently restrain the defendant not to depart plaintiff's daughter Ruqyya Khatoon and her five children from the suit property. (4) To declare that the plaintiff's daughter Ruqyya Khatoon is owner of House No. 851, Survey No.951, M.A.C.I. Mahmoodabad, Karachi and all claims towards his ownership raised by the defendant are invalid. (5) Cost of the suit. (6) Any other relief(s) which this Hon'ble Court may deem fit and proper under the circumstances of this case be granted in favour of the plaintiff. The brief facts of the case as narrated in the plaint are as under:-- The plaintiff's daughter Mst. Ruqyya Khatoon was married to the…

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