Law: Easements Act (V of 1882)

Section: 4 , 199

  Easements Act (V of 1882)--- ----S.  4---Constitution  of  Pakistan  (1973),  Art. 199---Constitutional petition-- Construction of multi-storyed building opposite petitioner's residence-Easement right of petitioner relating to light, air and privacy whether affected---Petitioner admittedly occupied residential houses in presence of all the other multi-storeyed buildings adjacent to the building in question---Sixty feet wide road intervened between petitioner's residence and the building in question---Plot on. which multi-storeyed building was being constructed was commercial plot and owners thereof, .had obtained approval of building plan from appropriate authorities-- No question of breach of easement rights of petitioner would arise-- Constitutional petition was liable to be dismissed in circumstances. PLD 1985 Provincial Statutes Sindh (14 and District Magistrate, Lahore and another v. Syed Raza Kazim PLD 1961 SC 178 ref. Easements Act (V of 1882)--- ----S. 4---Civil Procedure Code (V of 1908), O.XXXIX, R. 2(3)---Breach of interim order ---Proof---Nazir of Court had inspected site on the direction of High Court and his report showed that construction had been raised up to the level of third floor which involved structural work---Nothing was brought on record that such construction was raised after   interim order passed by Court on specified date---Breach of interim order of Court was not proved in circumstances. Khalid Hameed for Petitioners. Muhammad Siddiq Kharal, A.A. -G. for Respondent No. 1. S.H. Kazilbash for Respondent No.2. Muhammad Iqbal Memon for Respondent No. 3. Khalilur Rehman for Respondent No.4. Date of hearing: 24th October,. 1994. JUDGMENT ABDUL RAHIM KAZI, J.---The facts leading to the present petition which was instituted on 21-3-1993 are that the petitioners are residing in their houses bearing Nos.7/4 to 7/7 in 4-F, North Nazimabad, Karachi opposite the plot of land bearing No.ST-8 Block-C/4, Nazimabad, Karachi which was reserved for establishment of bank in the original plan and that recently the petitioners have noticed that the respondent No.4 had established its site office, installed…