Case Details

Citation(s)
2015 SLG 2220 2015 SLD 2220 2015 YLR 2024
Sindh High Court
R.A. No. 179 of 2010, decided on 22nd May, 2013
IRFAN SAADAT KHAN, J
Azhar Mahmod for Applicants. Aftab Ahmed Memon for
Respondents. Iqbal Ahmed Soomro, State Counsel for
Respondents

IZZAT KHAN through Attorney and another--Applicants

VS

PROVINCE OF Sindh court through Secretary and 5 others

Law:

Section:

Sindh Goth-Abad (Housing Scheme) Act ( VII of 1987)--- ----S.12---Sindh Goth-Abad (Housing Scheme) Rules, 2008, R.6---Specific Relief Act (I of 1877), Ss.8 & 54---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Suit for possession of immovable property and permanent injunction---Interim injunction, grant of---Sanad of grant---Principle---Allotment to minor---Scope---Plaintiffs claimed that plot in question was allotted to them under Sindh Goth-Abad (Housing Scheme) Act, 1987, and to save it from encroachers, they had given it in the use of defendants---Validity---High Court declined to believe that plaintiffs handed over the plot to defendants to save it from encroachers and also allowed them to install a service station upon it---Defendants installed service station on the plot and the same had been in their possession since quite some time---Necessary documents regarding Sanad and Deh Form of the plot, deed and agreement were also furnished in such behalf---Sanad to minor was questionable, as no grant under Sindh Goth-Abad (Housing Scheme) Act, 1987, was to be given to minor of two years only---Sanad was always given to a person having dwelling house or to a shelterless person and not to a minor who was wholly dependent on his parents and if such plot was obtained that was by way of misrepresentation---Plaintiffs approached the Court with unclean hands and failed to prove with cogent material that they were the real owners of plot in question---Revision was dismissed in circumstances. ORDER IRFAN SAADAT KHAN, J.---This Revision Application (R.A) has been filed against the judgment and decree dated 29-7-2010 passed by the IInd Additional District Judge, Thatta in Civil Appeal No.16/2009 on an order passed by the Senior Civil Judge Thatta dated 14-5-2009 in respect of an application under Order XXXIX, Rules 1 and 2, C.P.C. filed by the applicants in FC suit No.168/2009. 1. Briefly stated the facts of the case are that the applicants filed a civil suit bearing No.168/2009 for possession, mandatory and permanent injunction before the Senior Civil Judge Thatta against the respondents in respect of sikni (residential) plot bearing No.790, admeasuring…
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