Law: Easements Act (V of 1882)

Section: 4, 12, 15

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX, 1, 2

(a) Easements Act (V of 1882) Ss. 4 & 12-Easement, right of-Whether a trespasser or an un authorised occupant can acquire rights of easement-Point, held, arguable for issuing temporary injunction-Civil Procedure Code (V of 1908), O. XXXIX, rr. 1 & 2.-[Injunction]. (b) Easements Act (V of 1882) Ss. 4 & 15-Easement-Plaintiffs, alleging in plaint and in their affidavit to have been in possession of neighbouring houses for nearly 30 years-Defendants not filing counter-affidavit specifying period r-f` during which each plaintiff bad been in occupation-Case of plaintiffs that they have been residing in their respective houses for over 20 years, held, not demolished. (c) Civil Procedure Code (V of 1908) O. XXXIX, rr. 1 & 2 read with Easements Act (V of 1882), Ss. 4, 12 & 15-Temporary injunction-Easement of light and air-Structure already raised-Rights of plaintiffs regarding light and air in respect of their houses, prima facie, held, already nullified by structure raised by defendant prior to filing of suit by plaintiff--Application for temporary injunction relating to alleged rights of light and air held infructuous. [Injunction].                                                                                                                                                             ORDER This is an application under Order XXXIX, rules 1 and 2, C. P. C. moved on behalf of the five plaintiffs seeking interim injunction against defendant No. 1 from raising construction on plot No. R. C. 12/37/B, Ranchore Road, Bohrapir, Karachi, pending the disposal of the suit. 2. This suit has been filed for declaration and permanent injunction. The case of the plaintiffs in the plaint is that the five plaintiffs reside in houses near the Pakistani Akhara since after Partition…