Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Neither defendant nor his counsel appeared for cross-examination of the plaintiff or his witnesses---Several chances were afforded to the defendant but he did not appear and evidence of plaintiff remained unrebutted---Defendant had failed to lead evidence and his written statement should be discarded---Defendant's pleadings in written statement could not be looked into as he did not lead evidence---Suit of plaintiff was decreed in circumstances. Faqir Muhammad v. Abdul Momin PLD 2003 SC 594 and Muhammad Bashir v. Iftikhar Ali PLD 2004 SC 465 rel. JUDGMENT SYED SAEED UDDIN NASIR, J.--- This is a suit for Declaration, Mandatory and Permanent Injunction filed by the plaintiff with the following prayers:--- (a) Declare that the plaintiff is entitled to use and enjoy 10' x 0" wide corridor/passage situated between Shops Nos.CA-8, CA-9, CA-10, CA-20 and CA-21 and space for amenity between Shops Nos.CA-18 and CA-19 being essential amenity which facility was being enjoyed by the plaintiff since the acquisition of the shop in his possession. (b) Declare that the defendant No.4 is not entitled to execute any documents whereby allowing the defendants Nos.1 and 2 to occupy 10' x 0" wide corridor/passage situated between Shops Nos.CA-8, CA-9, CA-10, CA-20 and CA-21 and the defendants Nos.1 and 2 are not entitled to occupy 10'-0" wide corridor/common passage and/or raise any construction on the corridor/passage. (c) Declare that the defendant No.4 is not entitled to execute any documents whereby allowing the defendants Nos.2 and 3 to occupy amenity between Shops Nos.CA-18 and CA-19 and the defendants Nos.2 and 3 are not entitled to occupy the same and/or raise any construction on the said amenity. (d) Restrain the defendants Nos.4 and 5, their servants, employees and any other person or persons acting on their behalf from allowing the defendants Nos.1, 2 and 3 to occupy/raise construction on the 10'-0" wide common passage/corridor between Shops Nos.CA-8, CA-9, CA-10, CA-20 and CA-21 and occupy/raise construction between Shops Nos.CA-18 and CA-19, which is meant for amenity. (e) Directing the defendants…

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