Law: Specific Relief Act, 1877

Section: 42,54

(a) Specific Relief Act (I of 1877)--- ----S.42---Declaration---Object, purpose and scope---Even if a right is complete in all respects, even then requirement which forces a plaintiff to move Court is denial of that right by defendant---Civil Court is Court of plenary jurisdiction to grant decree upon existing right---When a decree is passed in favour of plaintiff, defendant is bound to acknowledge such status/right in respect of that property duly affirmed by Court of competent jurisdiction. (b) Specific Relief Act (I of 1877)--- ----Ss. 42 54---Suit for declaration and injunction---Vested right---Withdrawal of allotment, non-assailing of---Capital Development Authority issued Provisional Offer of Allotment of Land in favour of plaintiff company for 33 years lease to construct shopping mall, which offer was withdrawn---Trial Court dismissed the suit filed by plaintiff---Validity---No declaratory decree could be passed in favour of plaintiff as no right was in existence in face of denial on the part of Authority---Just a Provisional Offer of Allotment of Land which had been withdrawn by the Authority and plaintiff had not assailed the withdrawal---High Court declined to interfere in and decree passed by Trial Court---Appeal was dismissed in circumstances. Manoj Rao v. T. Krishna AIR 2001 SC 623 ref. Iqbal Ahmad v. Managing Director, Provincial Urban Development Board N.-W.F.P., Peshawar and others 2015 SCMR 799 and Abdul Razaq v. Abdul Ghaffar and others 2020 SCMR 202 rel. JUDGMENT FIAZ AHMAD ANJUM JANDRAN, JUSTICE:---.--- Through this judgment we propose to decide the instant Regular First Appeal which emanates from the judgment and decree dated 19.06.2012, passed by the learned Single Judge-in-Chambers, whereby suit for declaration, perpetual injunction and delivery of possession through specific performance filed by the appellant was dismissed. 2. The facts, relevant for the disposal of the instant appeal, are that, the respondents 2 3-Capital Development Authority (respondent authority) vide a proclamation in Daily Dawn invited offers for development of a shopping mall in Islamabad. The appellant, a private limited company, submitted its offer and…

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