Law:

Section:

(a) Transfer of Property Act (IV of 1882)--- ----S.105---Specific Relief Act (I of 1877), Ss. 42 & 56---Easements Act (V of 1882), S. 60---Civil Procedure Code (V of 1908), O. VII, R. 11---Suit for declaration---License agreement, nature of---Plaint, rejection of---Scope---Defendant had not transferred any interest or right in favour of plaintiff in the suit property and had retained complete control over the subject property---Permission to occupy the suit premises was personal in nature and was not assignable or transferable---Permission to occupy the premises had been given for a specific business and for no other purpose---Entire conduct of plaintiff in the suit premises was controlled by licensor---Plaintiff had not acquired any right or interest in the suit property---Plaintiff had no cause of action and suit was hit by Ss. 42 & 56 of Specific Relief Act, 1877---Plaint was rejected in circumstances. Messrs Zaidi's Enterprises and others v. Civil Aviation Authority and others PLD 1999 Kar 181; Gulistan Khan (Mehmand) v. Federation of Pakistan through Secretary Ministry of Railways, Islamabad and 3 others 2009 MLD 322; Aftab Hussain through Attorney v. Government of Sindh through Chief Secretary and 2 others 2015 MLD 1688; Pervaiz Hussain and another v. Arabian Sea Enterprises Limited 2007 SCMR 1005; Noor Muhammad v. Civil Aviation Authority and another 1987 CLC 393; Messrs Sign Source through Partners v. Humayun H. Baig Muhammed 2007 YLR 2287 and Ebrahim Brothers Ltd. v. Whealth Tax Officer Circle III, Karachi and another PLD 1985 Kar 407 ref. M.A. Naser v. Chairman, Pakistan Eastern Railway and others PLD 1965 SC 83 and Ahmed Din v. Abdullah Bhai and others PLD 1962 Kar 663 rel. (b) Transfer of Property Act (IV of 1882)--- ----S. 105---Easements Act (V of 1882), S. 52---"Lease" and "license"---Distinction elaborated. Abdul Rehman v. Haji Mir Ahmad Khan and another PLD 1982 Kar. 532; Muhammad Hashim v. Zulfiqar Ali Khan General Manager, West Pakistan, Road Transport Board and others PLD 1963 Lah. 418; Abdullah Bhai and others v. Ahmed Din PLD 1964 SC 106 and Sajid Ali Khan v. Muhammad Ahmed Farooqui PLD 1959 Kar. 24 rel. THIS ORDER PASSED BY:…

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