Law: Karachi Building and Town Planning Regulations, 2002

Section: 18-4.2.1,18-4.2.8

Law: Specific Relief Act, 1877

Section: 42,54

Law: Civil Procedure Code (V of 1908)

Section: S.151,O.XXXIX,R.1,2

(a) Administration of Justice--- ----Protection of rights---Utilization of personal property---Private rights are not only to be protected by public functionaries but also by beneficiary himself/herself---Rights and obligations are strongly interlinked with each other hence a balance has always to be maintained while demanding rights because a legal right even shall not earn a license to avoid obligations which one has towards others---Owner does have absolute rights to enjoy his property but manner and use thereof shall not be at cost of others---Lawful act, if causing prejudice and harm to rights of others shall not leave aggrieved without a remedy but he may bring a lis. (b) Karachi Building and Town Planning Regulations, 2002--- ----Rglns. 18-4.2.1 & 18-4.2.8---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for declaration and injunction---Interim injunction, grant of---Utilization of land, meant for residential use into commercial purposes---Illegal conversion---Increase in nuisance---Plaintiffs were aggrieved of conversion and utilization of residential premises for commercial purposes on grounds that it had increased nuisance in the vicinity and made it difficult for plaintiffs to access their homes---Validity---No order in favour of defendant existed for use of residential plot for commercial/educational purposes by any of competent authorities---Inconvenience to defendant itself would not prevail over interests and rights of neighboring people or those using such role and same amounted to giving preference to interests of an individual with that of public-at-large---Once violation of Karachi Building and Town Planning Regulations, 2002 was established, Court was not to be reluctant in disposing of suit if reliefs sought were only to extent of enforcement of such law reaffirming already declared question of or principle of law by Supreme Court---High Court directed the authorities/respondents not to use premises after expiry of agreement period except for residential purpose only---Suit was decreed accordingly. Amir Ali v. Indus Entertainment (Pvt.) Ltd. 2004 YLR 1576; Brookes…

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