Law:

Section: 42

(a) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Allotment of land---Cancellation of---Suit land was allotted to the plaintiff and he paid price of the land---Authorities did not hand over possession of suit land to the plaintiff on account of encroachment on the suit property---Validity---Defendant had failed to fulfill its part of obligation under the terms of allotment---Plaintiff had already paid the entire amount of price and to avoid any adverse action, he had filed the present suit---Plaintiff had established his case---Suit was decreed accordingly. Haji Noor Muhammad and others v. Karachi Development Authority and 2 others PLD 1975 Kar. 373 and Nasira Sultana v. Habib Bank Ltd. and others PLD 1975 Kar. 608 ref. (b) Specific Relief Act (I of 1877)--- ----S. 42--- Suit for declaration---"Maintainability of lis" and "entitlement to relief"---Distinction. The question of 'Maintainability of lis' and 'entitlement to relief' are two distinct things. 'Maintainability of lis' is a legal question, inter alia, related to a legal character of the person under the provisions of Section 42 of Specific Relief Act, which requires any person entitled to any legal character or to any right as to any property, may institute suit against any person denying or interested to deny, his title to such character or right and the Court may in its discretion make therein a declaration that he is so entitled. It would thus be safely stated that the law authorizes a person to seek enforcement of his right to any property by instituting a suit against a person denying his right or title. Section 42 of the Specific Relief Act does give a right to institute a suit to any person who has any right as to any property. The 'legal character' is the most important aspect of a lis [case] and in absence thereof one cannot maintain his/her lis though filed for a relief, recognized under 'Specific Relief Act or under any other law' except matters, qualifying requirement of section 91 of the C.P.C. Furthermore, such aspect of the case can also be decided in a summary manner at initial stages. However, the party seeking entitlement to relief has to prove his entitlement…

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