Law: Specific Relief Act, 1877

Section: 42,54

Specific Relief Act (I of 1877)--- ----Ss. 42 54---Suit for declaration and permanent injunction---Scope filed suit for declaration and permanent injunction against the defendants praying that the plaintiff be declared as the absolute owner of the suit property and the defendants be refrained from illegally occupying the suit property or from dispossessing him therefrom or from interfering in his title or possession---Validity---Registered indenture of sub-lease in respect of the suit property in favour of plaintiff showed that the leasehold rights in suit property were granted in favour of the plaintiff for a period of 99 years---High Court observed that such leasehold rights enjoyed by the plaintiff shall remain intact unless the same were transferred to a third party by the plaintiff himself or unless the registered indenture of sub-lease was cancelled by a competent Court---Since the plaintiff never had any intention of transferring his said rights nor had the sub-lease in his favour been cancelled by any Civil Court, the defendants had no right or authority whatsoever to ask or compel the plaintiff to vacate and handover the suit property to them or surrender his sub-lease---Suit was decreed as prayed for. JUDGMENT NADEEM AKHTAR, J.--- This Suit has been filed by the plaintiff against the defendants for declaration and permanent injunction in respect of Shop No.42/A, Ground Floor, Rabi Arcade, constructed on Sub-Plot No.15, Plot No.E, SNCC-12, Block No.3, Karachi Cooperative Housing Societies Union Limited, Karachi, hereinafter referred to as the suit property. 2. The case of the plaintiff, as averred in the plaint, is that he purchased the suit property in May 2004 from defendant No.1, which is a registered partnership firm, and defendant No.2 is its Manager ; the entire sale consideration was paid by him, but defendant No.1 avoided to execute the sub-lease in his name and then demanded additional amount from him for doing the needful, or in the alternative, to surrender his rights in the suit property and to get the refund of the amount paid by him ; because of the intervention of common friends, defendant No.1 finally executed the sub-lease in his…

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