Law: Specific Relief Act, 1877

Section: 42,54

Law: Constitution of Pakistan, 1973

Section: 10-A

Specific Relief Act, 1877 (I of 1877)-- ----Ss. 42 ,  54--Constitution of Pakistan, 1973, Art. 10-A--Suit for declaration and mandatory injunction--Concurrent findings--Cancellation of exemption of plot in favour of respondent--Stance taken by petitioner in written statement and deposition of DW-1 were contrary--Bona fide purchaser--Non-issuance of notice to respondent prior to cancellation of exemption of plot--Violation of principle of audialterm partem--Stance taken by petitioner in its written statement and deposition of DW-1 are contrary and oppose to each other--Another aspect which further weakens case of petitioner is that in support of its written statement, DW-1 appeared who claims to be Assistant Director LDA, DLD-I, M.A. Jauhar Town, Lahore--He was appearing on behalf of petitioner which is an Authority--There is nothing on record wherefrom this could be established that he was authorized to appear on behalf of petitioner and make a statement--There was nothing on record wherefrom this could be established that exemption of plot in dispute was cancelled through an order, Respondent No. 1, who is a bonafide purchaser for valuable consideration, could not be deprived of his title and dispossessed from plot in dispute upon which he has raised construction after seeking approval from petitioner--There is nothing on record wherefrom this could be established that prior to cancellation of exemption of Respondent No. 2, any notice was issued to Respondent No. 2 or Respondent No. 1--If any adverse order is passed, same would be violative of principle of audi alteram partem and Article 10-A of Constitution of Islamic Republic of Pakistan--Counsel for petitioner has not been able to highlight any jurisdictional defect or procedural impropriety in impugned s and decrees--Revision petition dismissed. 2014 CLD 415, PLD 2008 Karachi 540, PLD 1971 SC 550,2016 SCMR 24, 2015 SCMR 799 ,  PLD 1994 SC 291 ref. JUDGMENT Through this Civil Revision, judgments and decrees dated 26.04.2011 and 13.10.2012 passed by learned Civil Judge Lahore and learned Additional District Judge, Lahore, respectively, have been assailed. By virtue of the former judgment, a suit…

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