Law:

Section:

Islamabad Displaced Persons Rehabilitation Policy, 1984--- ----Cls. 4A & 2(2)---Specific Relief Act (I of 1877) Ss.42 & 55---Suit for declaration and mandatory injunction---Suit of plaintiffs was dismissed concurrently by the courts below---Contention of the plaintiffs was that under the policy of the Capital Development Authority, predecessor-in-interest of the plaintiffs was entitled to a residential plot which was not allotted to him---Validity---Predecessor-in-interest of the plaintiffs was living in a jointly owned house and was also owner of other land acquired by the Capital Development Authority, therefore he could not be termed as a person owning only built-up property in shape of a separate or independent house which would therefore, neither be a "family unit" for the purpose of the Islamabad Displaced Persons Rehabilitation Policy, 1984 nor he would be entitled to claim a plot in view of clause (4A) of the said Policy---Plaintiffs had lodged a claim in addition to the allotment of property to their uncles in lieu of the "family unit" to which the predecessor-in-interest of the petitioners was a member---Revision was dismissed. 2003 CLC 110 and 2002 SCMR 114 rel. JUDGMENT MUHAMMAD AZIM KHAN AFRIDI, J.--- Muhammad Khushal son and Mst. Sakina Bibi daughter of Khan Muhammad hereinafter referred to as the petitioners have preferred the instant revision petition against judgment and decree dated 27-8-2009, whereby appeal filed by the petitioners was dismissed and judgment and decree dated 19-4-2007, dismissing suit of the petitioners, was maintained. 2. Brief facts relevant for the disposal of the instant revision petition are that an award of revenue estate of village Sumbal Korak Tehsil and District Islamabad, was announced on 15-6-1962 wherein land as well as built-up property of the predecessor-in-interest of the petitioners namely Khan Muhammad and his two brothers namely Jan Muhammad and Mastana sons of Kazim Ali was acquired by the respondents. That the predecessor-in-interest of the petitioners was entitled to allotment of residential plot as per policy of CDA and, to secure the same, a formal application on prescribed pro forma was also…

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