Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 54---Suit for injunction---Encroachment over land---Plaintiffs were aggrieved of reduction in plot of mosque---Plea raised by authorities was that plaintiffs had illegal encroachment over the land which was included in the mosque---Trial Court dismissed suit but Lower Appellate Court decreed the same in favour of plaintiffs---Validity---Act of raising any construction over a public lane was contrary to Quranic Injunctions and examples and sayings of the Holy Prophet (May Peace Be Upon Him)---Civic body holding title of any property had authority to alter, change and adjust the same in larger interest of public--- Size of public street was 25' wide out of which an area measuring 13'x135' was encroached upon for construction of shops etc.--- Intervener purchased a commercial plot in open auction and had approved siteplan and demarcation report---Any person who had purchased plot from Development Authority by paying almost Rs.9 crores could not be deprived of passage of 25' wide lane on one side of his plot, therefore, stance of plaintiffs was feeble and without plausible justification---Lower Appellate Court failed to appreciate pleadings, evidence and conduct of parties, misreading and non-reading of evidence was visible, application of judicial mind lacked and facts were misconstrued---High Court directed the Development Authority to place matter before its Board in order to evolve a proper procedure for management of affairs of mosque---Possession with permission to raise construction for Masjid must not be handed over to any person without evolving a prescribed procedure and final approval by the Board---Plot allocated for Masjid did not mean that whosoever had started construction, same would be presumed to be allotted to that person---High Court set aside and decree passed by Lower Appellate Court and suit filed by plaintiffs was dismissed---Revision was allowed in circumstances. THIS JUDGMENT DELIVERED BY: SHAUKAT AZIZ SIDDIQUI, J.--- Instant Civil Revision under section 115, C.P.C. has been preferred against impugned judgment and decree dated 18.02.2013, passed by the learned Additional District Judge-IV,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492