Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)--- ----S. 42--- Suit for declaration---Government land--- Scope--- Plaintiffs filed suit for declaration with the claim that malba of the house constructed on government plot was purchased by their predecessor-in-interest through a sale agreement; that a small private street of 12 feet, which was closed, was in their exclusive use since long and that the respondents forcibly fixed a new gate of their house on its back side in the said street despite objection and protest of the plaintiffs---Suit was concurrently rejected---Validity---Plaintiffs had sought declaration with the consequential relief on the basis of sale agreement that too relating only to the alleged malba on the government plot, which did not confer any right or title in favour of the plaintiffs---Plaintiffs had no right over the government property in terms of S.42 of the Specific Relief Act, 1877---Revision application was dismissed, in circumstances. JUDGMENT KHADIM HUSSAIN M. SHAIKH, JUSTICE:---.--- The captioned Revision Application is directed against Judgment and Decree dated 24.02.2016, passed by the learned Additional District Judge, Shahdadpur, dismissing Civil Miscellaneous Appeal No.22 of 2015 re: Ghulam Nabi since deceased through his L.Rs v. Noor Muhammad and others filed against order and decree dated 28.05.2015, passed by learned Senior Civil Judge Shahdadpur, rejecting the plaint of F.C. Suit No.117 of 2014 re: Ghulam Nabi through his L.Rs v. Noor Muhammad and others, under Order VII, Rule 11 of the Code of Civil Procedure [Act-V 1908] [“the code”]. 2. Briefly the facts of the case are that Malba of house constructed on the Government plot admeasuring area 3256 square feet situated near Mai Sohni Colony Shahdadpur, was allegedly purchased by late Ghulam Nabi Solangi, the predecessor-in- interest of the plaintiffs [“the applicants”] from Hazoor Bux and Lal Bux Jamali, through sale agreement, which was reduced into writing on non-judicial paper bearing Serial No. 1050, dated 26.11.1998 between the sellers and the purchasers, in presence of witnesses, after receiving the whole sale consideration amount of Rs.80,000/- by the alleged sellers from…

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