Case Details

Citation(s)
1981 SLG 3409 = 1981 SLD 3409 = 1981 CLC 414
Court of Special Judge, Karachi
Suit No. 560 of 1979, decided on 16th June, 1980.
Presented By: Nasir Aslam Zahid, J
A. A. Fazeel for Plaintiff. Syed Sharifuddin Pirzada for Defendants Nos. 1 and 2. Nemo for Defendant No. 3.

MUHAMMAD MUNIR--Plaintiff

VERSUS

AHMAD ALLY MEMON AND 2 OTHERS--Defendants

Law: Easements Act (V of 1882)

Section: 29

Law: Sindh Building Control Ordinance, 1979

Section: 6

Law: Civil Procedure Code (V of 1908)

Section: O. XXXIX. rr. 1, 2, 151

(a) Easements Act (V of 1882) S. 29 read with Sind Buildings Control Ordinance (V of 1979), S. 6- Reconstruction of building-Rights of easement-Plaintiff, held, cannot have greater rights of easement than what he had when demolished building still stood on defendant's land. (b) Civil Procedure Code (V of 1908) O. XXXIX. rr. 1 & 2 read with S. 151 and Sind Buildings Control Ordinance (V of 1979), S. 6 and Easements Act (V of 1882), S. 29-Whether defendants can under law or conditions of their lease cons truct more than two storeys on their plot in view of provisions of Ordinance V of 1979-Question still to be decided by Court-Window on proposed second floor if closed and defendants put to terms to safeguard in an adequate manner claimed rights of plaintiffs, construction of third storey by defendants neither likely to cause any irreparable harm nor prejudice to plaintiff-Order of High Court confirming interim injunction grained in plaintiff's favour restraining…
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