Law: Specific Relief Act, 1877

Section: 42

(a) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration and possession---Non-payment of price and dues by Development Authority to Government---Cancellation of allotment of Development Authority by Government---Cancellation of allotment of plots of (third party) bona fide allottees---Validity---Government had illegally cancelled the allotment in favour of Development Authority on account of non-payment of entire price and dues---Government had resumed land regarding which bona fide third party interests had been created in due course of time---If Development Authority was defaulter in payment of entire occupancy price then Government should take action under the law against the same but bona fide purchasers could not be penalized---Government could not resume subject land and Development Authority was entitled to transfer proprietary rights to the plaintiffs in accordance with law and after fulfilling codal formalities were entitled for the possession of their respective plots as per their allotment orders---Suit was decreed, in circumstances. Sharif Haroon v. Province of Sindh through the Secretary to the Government of Sindh, Land Utilization Department and another PLD 2003 Kar. 237 and Federation of Pakistan through Secretary, Ministry of Education, Government of Pakistan, Islamabad and others v. Qamar Hussain Bhatti and others 2004 PLC (C.S.) 34 ref. Justice Khurshid Anwar Bhinder and others v. Federation of Pakistan and another PLD 2010 SC 483 and Sindh High Court Bar Association through Secretary and another v. Federation of Pakistan through Secretary, Ministry of Law and Justice, Islamabad and others PLD 2009 SC 879 rel. (b) Civil Procedure Code (V of 1908)--- ----O. XII, R. 6---Judgment on admission---Pleadings have no evidentiary value unless plaintiff and or defendant had led evidence in support or defence of their pleadings, but exception to the said rule was that pleadings or a written statement could be considered when there was an admission on the part of defendant---Judgment on the basis of admission made in written statement could be passed. (c) Judgment in rem--- ---Meaning and scope illustrated. When is pronounced with regard to…

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