Law: Specific Relief Act, 1877

Section: 42,54

Specific Relief Act, 1877 (I of 1877)-- ----Ss. 42 & 54--Suit for declaration and permanent injunction--Decreed--Appeal--Dismissed--Instalement of khokhas and canbins--Khokhas and cabins were damaged /burnt after assassination of Akbar Bugti--Permission to reinstalment in original places--Order to remove Khokhas and cabins--Fair Opportunity of evidence--Misappreciation of Law--Challenge to--Admission at part of Defendant No. 1 not only showing that Defendant No. 1 was in league with plaintiffs, but such admission in Para No. 5 of written statements showing that TMO was more active from respondents/plaintiffs, like: "مدعی سست گواہ چست"--Learned counsel for petitioner has rightly pointed out that then T.M.O was in league with plaintiffs for admission of their claims behind back of petitioner--In view of above, s and decrees passed by Courts below did not carry any weight without adhering and adverting into root causes of case being public importance and merely on admission of a T.M.O. being unauthorized by Municipal Corporation decreed suit of plaintiffs/ private respondents without framing issues and without recording evidence, same suffers from misreading, non-reading and mis-appreciation of law also suffers from illegalities and irregularities void abinitio--Civil Revision Petition allowed. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, JUSTICE---.--- The Civil Revision Petition is directed against the judgment and decree dated 13th March 2010 (hereinafter referred as, "impugned judgment and decree") passed by the learned Civil Judge-IV, Quetta (hereinafter referred as, "the trial Court"), whereby the suit filed by the private respondents was decreed and judgment and decree dated 29th October, 2010 passed by the learned Additional District Judge-V, Quetta (hereinafter referred as, "the Appellate Court"), whereby appeal filed by the petitioners was dismissed. 2. Brief facts arising from the instant petition are that the private Respondents Nos.1 to 38 filed a suit for declaration, permanent injunction and consequential relief in the Court of Civil Judge-IV, Quetta with the averments that they are owner of cabins/ Khokhas located near the office…

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