Law: Specific Relief Act, 1877

Section: 42

(a) Specific Relief Act (I of 1877)--- ----S. 42--- Suit for declaration--- Scope--- Pre-existing right---For seeking a declaration under S. 42 of the Specific Relief Act, 1877 through a declaratory decree, a pre-existing right could be declared by the Court but a new right could not be created---When the plaintiff claimed a declaration of title, without a pre-existing right, suit for declaration was not competent and the courts should not grant a declaratory decree when no pre-existing rights were available with the plaintiff in the suit property. Muhammad Siddique (Deceased) through LRs and others v. Mst. Noor Bibi (Deceased) through LRs and others 2020 SCMR 483 and Abdul Razaq v. Abdul Ghaffar and others 2020 SCMR 202 ref. (b) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Impleadment of parties---Scope---No declaration of title could be passed without impleading the real owners (of the property). (c) Maxim--- ----Nemo dat qui non habet---Scope---No one can confer a better title in property than he himself possessed. The Province of Punjab through Collector, Sialkot v. Feroz Din and others 2015 SCMR 909; Muhammad Shamim through legal heirs v. Mst. Nisar Fatima through legal heirs and others 2010 SCMR 18 and Abdul Hameed v. Shamasuddin PLD 2008 SC 140 ref. ORDER AMIN-UD-DIN KHAN, J.--- Through this petition filed under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973, leave has been sought to appeal against the judgment dated 10.05.2017 passed by the learned Single Judge of the Lahore High Court, Multan Bench whereby Civil Revision No. 770-D of 2009 filed by the petitioners was dismissed. 2. On 28.09.2017, after hearing the learned counsel for the petitioners, notice was issued to the other side and status-quo was ordered to be maintained. 3. We have heard the learned counsel for the parties. Learned counsel for the petitioners submits that the suit for declaration and possession was not maintainable as per the terms of the pleadings, and even if the pleadings of the respondent- plaintiff be admitted to be true only a suit under section 9 of the Specific Relief Act, 1877 was competent which was never filed.…

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