Law: Cantonments Act, 1924

Section: 4(3)

Law: Specific Relief Act, 1877

Section: 56

JUDGMENT SHEET

MIANGUL HASSAN AURANGZEB, J:- Through this judgment, I propose to dispose of instant Civil Revision Petition No.120/2014 as well as Civil Revision Petitions Nos.121 to 123/2014, all filed by the Cantonment Board Rawalpindi, against the respondents, who were plaintiffs before the learned trial court. All the petitions are against the judgments and decrees dated 13.02.2014, passed the Court of the learned Additional District Judge, Islamabad, whereby, the respondents’ appeals against the judgments and decrees dated 15.03.2013, passed by the Court of the learned Civil Judge, Islamabad, were allowed, and the civil suits filed by the respondents/plaintiffs were decreed. Vide the said judgments and decrees dated 15.03.2013, the learned Civil Court had dismissed the civil suits for permanent injunction instituted by the respondents/plaintiffs. These petitions involve common questions of fact and law and the judgments and decrees in question are almost identical.  

2.           The record of civil revision petition No.120/2014, shows that through registered Sale Deed No.2819, dated 31.05.2005, registered with Joint Sub-Registrar, Islamabad, the respondent and his sister purchased 12/75th share comprising 12 marlas  (“the Plot”) of khasra No.991/750, which comprises 3 kanals 15 marlas of Mouza Notheha Tehsil and District Islamabad. Thereafter, the respondent raised construction on the Plot.