Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Maintainability---Lease granted by the Directorate of Katchi Abadies of the Karachi Metropolitan Corporation (KMC)---Persons in unauthorised possession of land (not owned by them) and which formed part of a declared Katchi Abadie were granted ownership rights to the land in their possession by the KMC---Admittedly, the appellant/plaintiff was not in possession of the land in respect of which the respondent/defendant was granted a lease contended that the respondent was his tenant, therefore, the respondent should not have been granted the lease in question---Even if it be assumed that the respondent was the appellants tenant still the appellant could not claim leasehold rights on the basis of the purported tenancy in respect of land situated in a declared Katchi Abadie---Law regularizing Katchi Abadies was meant to accommodate/benefit the landless based his claim to the land which admittedly was not owned by him nor was in his possession---Land in Katchi Abadies could not be used for personal enrichment by somehow acquiring possession of it and then handing over its possession to a purported tenant, as it would be against public policy if money was permitted to be made at the expense of the landowner, by exploiting the landless and then claiming ownership rights emanating from having had possession of such land had no legal character in terms of S. 42 of the Specific Relief Act, 1877 and his suit, seeking declaration to ownership of the subject plot, in possession of the respondent, was not maintainable---Appeal was dismissed. ORDER Qazi Faez Isa, J. Learned counsel for the appellant states that on 31 August 1989 the appellant was granted a lease of a 204.06 square yards plot by the Karachi Metropolitan Corporation (KMC), however, he should also have been leased an additional 40.56 square yards, but instead it was granted to the respondent No. 1 on 21 May 1985. He states that the Appellate Court had correctly decreed the suit of the appellant but the learned Judge of the High Court set aside the judgment of the Appellate Court and restored the decision of the Trial Court, which had dismissed…

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