Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Law: Constitution of Pakistan, 1973

Section: 199

Law: Specific Relief Act, 1877

Section: 42,56

Civil Procedure Code (V of 1908)--- ----O.VII, R.11---Specific Relief Act (I of 1877), Ss.42 & 56---Constitution of Pakistan, Art. 199---Constitutional petition---Suit for declaration---Rejection of plaint---Scope---Suit property was allotted to the plaintiff on temporary basis and he was bound to vacate the same as and when required by the defendants---Plaintiff did not have any legal character or right in the property in question---Present suit was barred under S.42 of Specific Relief Act, 1877 and consequential relief of injunction could also not be granted under S.56 of the said Act---Findings recorded by the revisional court were based on correct interpretation of law and appreciation of material available on record---Impugned order did not suffer from any illegality or infirmity---Constitutional petition was dismissed in limine. ORDER 1. Granted. 2. Exemption is granted, but subject to all just exceptions. 3. Briefly stated the facts of the case are that the petitioner is working as Appraising Officer in Pakistan Customs and is presently posted at Muhammad Bin Qasim Sea Port, Karachi. The petitioner applied for government residence in Civil Aviation Authority ('CAA') Colony at JIAP. Respondents Nos. 1 and 2 thereafter allotted him Barrack No.131/1, CAA Colony, JIAP, Karachi, on 3-4-2010 with certain conditions. Thereafter, the respondents received a complaint that the petitioner has sublet the said barrack to some unauthorized persons. Thereafter, on 15-3-2013 respondent No.2 issued him a notice No.JIAP/1357-23/131-1/KCPSA/1 mentioning therein that since he has sublet his barrack to some unauthorized persons his allotment has been cancelled with immediate effect and he was instructed to hand over the keys of the said barrack together with upto date paid bills failing which action will be taken as per CAA Rules. The said notice was challenged by the petitioner by filing Civil Suit No.97/2013 before the 1st Senior Civil Judge, Malir-Karachi, for declaration and permanent injunction against respondents Nos. 1, 2 and 3. The matter proceeded before the trial Court, who vide order dated 23-4-2013 disposed of two applications, one under Order XXXIX, Rules 1…

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