Law: Specific Relief Act, 1877

Section: 54

Law: Transfer of Property Act, 1882

Section: 41

Law: Constitution of Pakistan, 1973

Section: 172(2)

Law: Karachi Port Trust Act, 1886

Section: 18,18(2),27,27(2),29,29A,33,40

(a) Specific Relief Act (I of 1877)-- ----S. 54---Karachi Port Trust Act (VI of 1886), Ss.18 & 27---Suit for injunction---Plaintiff was Cooperative Housing Society and was aggrieved of letter causing interference and obstruction by authorities with regard to land in possession of Society and its members---Validity---Provincial Government, Board of Revenue and other defendants failed to produce any documentary evidence and also failed to deny documents produced by plaintiff including indentures of leases---Neither defendants had challenged lease nor sought any cancellation---Defendants did not set into motion any independent proceedings for their alleged claim nor claimed any set of in present proceedings---Defendants did not take up matter with Federal Government nor denied transaction through which Karachi Development Authority acquired land from Karachi Port Trust for Karachi Development Authority Scheme---Defendants did not deny indenture signed between Karachi Port Trust and United States of America for leasehold rights of plots measuring 82,836 square meters---Authorities did not deny letter of the then Chief Minister of the province conveyed to the then Prime Minister in which Chief Minister suggested that area of 75 acres of Chinna Creek might be acquired and land fell within jurisdiction of Karachi Port Trust which was to be got transferred for purposes of better utilization and development of city to Provincial Government---Letter in question issued by the authorities was without lawful authority and had no legal effect---No illegality was noticed in lease documents executed by Karachi Port Trust in favour of plaintiff for land in question after proper approval of Board and Federal Government---Suit was decreed in circumstances. Hazratullah and others v. Rahim Gul and others PLD 2014 SC 380; Nizar Ali v. Noorabad Cooperative Housing Society Ltd. and others PLD 1987 Kar. 676; Haji Muhammad Hussain and others v. Muhammad Abbas 2001 YLR 1767; Faqirullah and others v. Khadim Hussain 2003 CLC 122; Sultan Mahmood Shah and others v. Muhammad Din and others 2005 SCMR 1872; Aurangzeb and others v. Muhammad Jaffar and another 2007 SCMR 236; Syed Munawar Hussain…

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