Law: Specific Relief Act, 1877

Section: 42,54

Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: 75,O.XXVI,R.9

Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Civil Procedure Code (V of 1908), S.75 & O. XXVI, R.9---Constitution of Pakistan, Art.199---Constitutional petition---Local Commission, appointment of---Admission of fact---Suit for declaration and injunction was filed by petitioner in which construction raised by respondent was assailed on the ground that it was being raised in Nala (natural drain)---Trial Court appointed local commissioner to ascertain position at spot and Lower Appellate Court included certain more points to be determined by local commissioner---Validity---No need exited to appoint local commissioner as the matters to be reported by him were clearly depicted in photographs and the same were admitted by both the parties---Lower Appellate Court did not himself formulate points for determination of local commissioner and simply referred to points contained in 'rejoinder' of respondent, which were argumentative, vague, unclear and outside the pleadings of parties and beyond the scope of local commissioner---Application for appointment of Local Commissioner was dismissed by High Court---Action of respondent in raising a platform on girders which had straddled Nala also had contravened orders passed by High Court earlier---Respondent could not have right, title or interest with regard to the Nala, the ownership whereof was of government which could be categorized as public amenity---Respondent did not take any permission from Metropolitan Corporation regarding raising of construction---High Court declared that neither petitioner nor respondent were permitted to claim any right, title or interest in respect of Nala, which was a public property---High Court directed to remove encroachments made by respondent in Nala, whether raised on girders that straddled the Nala or otherwise, as the same were without lawful authority---Petition was allowed accordingly. JUDGMENT QAZI FAEZ ISA, C.J.---This petition assails the order dated 28th February 2014, passed by the District Judge, Quetta, in Civil Revision Petition No. 2 of 2013, whereby the learned Judge partially set aside the order dated 8th October 2013, of the learned Civil Judge-IV, Quetta.…

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