Law: Specific Relief Act (I of 1877)

Section: 54

Specific Relief Act (I of 1877) S. 54-Permanent injunction-Evacuee building comprising four shops and two staircases having one-fourth non-evacuee share confirmed by Custodian-Suit for partition in civil Court decreed on acceptance of mode of partition. by Settlement Authority----Such partition, held, in nature of private agreement between joint owners and binding on transferee of evacuee share (appellant)----Owner of non---evacuee share a co----sharer in staircase on all accounts Appellant's obstruction to use of staircase by respondent----Cause of action in circumstances, held, accrued to respondent entitling him to permanent injunction against appellant. Date of hearing : 5th November 1973.                                                                                                           JUDGMENT The dispute in this appeal relates to the use of. a staircase forming part of property No. 95 comprising four shops with one staircase on either, side for access to the roof of the said shops, situate in Rail Bazar, Maghiana., Tehsil and District Jhang. The property originally belonged to a non- Muslim. Muhammad Hussain, father of Muhammad Ashraf respondent plaintiff, purchased 1/4th share out of the said property by a registered deed (copy Exh. P. 24), from the non-Muslim on the 9th of June 1943: After partition of the country, the non-Muslim co-sharer of the property became evacuee and so also his 3/4th share in the property. Muhammad Hussain filed a suit before the civil Court for partition against the evacuee and the Rehabilitation Department sometime in January 1953. The Rehabilitation Officer appeared in the case and on the basis of his statement (Exh. P. 5) recorded on the 20th of March 1952, to the effect that he had no objection to partition, a preliminary decree (Exh. P. 10) followed. A Local Commissioner was appointed by the civil Court and on the basis of his report, a final decree…