Law: Civil Procedure Code (V of 1908)

Section: 11,11

Law: Specific Relief Act, 1877

Section: 42,8

Civil Procedure Code (V of 1908)-- ----O. VII, R. 11 & S. 11---Specific Relief Act (I of 1877), Ss. 42 & 8---Suit for declaration and possession---Res judicata, principle of---Applicability---Plaint, rejection of---Scope---Contention of defendants was that suit was barred under S.11 of C.P.C.---Validity---Points raised in the petition for rejection of plaint were not discernible from the same and had been mentioned only in the written statement---Documents placed on file on behalf of defendants for rejection of plaint could not be relied at such stage of proceedings---Petition for rejection of plaint was dismissed, in circumstances. Haji Abdul Karim and others v. Messrs Florida Builders (Pvt.) Limited PLD 2012 SC 247 and Muhammad Saleem Ullah and others v. Additional District Judge, Gujranwala and others PLD 2005 SC 511 rel. ORDER YOUSUF ALI SAYEED, JUSTICE:---.--- The Plaintiff has filed the Suit claiming to be the owner of 39 ghuntas and 92 sq. yds of land in Survey No.470, Deh Mehran, Tapo Malir, Model Colony, Karachi, (old Survey Nos. 37, 41, Deh Mehran Tapo Malir) (the "Survey No.470"), said to have been purchased by him through a Registered Sale Deed dated 17.11.2003 (the "Sale Deed"), and contends that he was wrongly ousted from possession thereof by the Defendants Nos.1 and 2, hence, by way of final relief, has prayed inter alia that this Court be pleased to: "A. Declare that Plaintiff is lawful owner of the suit property i.e. Survey No.470, old Survey Nos.37, 41, admeasuring 39 ghuntas and 92 sq. yds situated in Deh Mehran, Tapo Malir, Model Colony, Karachi (Suit Property) and lawful possession holder of the suit property. B. Direct the Defendants to restore the possession of the suit property to the Plaintiff which Defendants Nos.1 and 2 have illegally occupied/taken over the possession from the Plaintiff. C. Restrain the Defendants, their agents, servants, attorneys, or any person acting on their behalf from raising any type of construction over the suit property or de-sealing of the suit property or grant master plan or approval of flat site of the same or change physical status of the same and create their party interest, till disposal of…

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