Law: Specific Relief Act, 1877

Section: 42,54

Law: Civil Procedure Code (V of 1908)

Section: 115,O.VII,R.3,11

Specific Relief Act (I of 1877)--- ----Ss.54 & 42---Civil Procedure Code (V of 1908), O.VII, Rr. 3 & 11---Suit for perpetual injunction without relief of declaration of ownership of suit property---Rejection of plaint---Lack of proper description of property in question---Plaintiff filed suit for permanent injunction claiming that he was owner of land which was purchased by him but defendants were trying to dispossess him---Trial Court rejected the plaint and Appellate Court dismissed the appeal---Validity---Plaintiff had sought only permanent injunction in his plaint and had not sought declaration of ownership of the suit property, hence a consequential relief of permanent or interim injunction could not be granted without a declaration about ownership---Plaintiff had not properly described the land in question in his plaint; he had not disclosed any khasra number or mutation number nor had annexed any revenue record with the plaint---Revision petition was dismissed, in circumstances. 2002 CLC 571 ref. THIS JUDGMENT DELIVERED BY: ALI BAIG, J.--- Through the instant civil revision petition filed under section 115, C.P.C. the petitioner has challenged the impugned judgment/order dated 19-10-2018, passed by the learned Additional District Judge Gilgit, whereby the learned 1st Appellate Court has dismissed the civil first appeal of the present petitioner/plaintiff. 2. Precisely, stated facts of the case leading to the filing of this civil revision petition are that the present petitioner/ plaintiff brought a suit for perpetual injunction against the present respondents/ defendants in the learned trial court claiming that the petitioner/ plaintiff is owner of suit land/plot described in the heading of plaint, which was purchased by him from respondent/ defendant No.5 vide sale deed 15.10.2012. Now, the respondents/defendants are bent upon to forcibly take the possession of suit land. 3. The learned trial court after registration of Civil Suit No.15/2018, framed an issue regarding maintainability of suit and after hearing arguments on behalf of both the parties has rejected the plaint of the petitioner/plaintiff under Order VII, Rule 11, C.P.C. vide order/…

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