Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S.24---Specific Relief Act (I of 1877), Ss.42 & 54---Civil Procedure Code (V of 1908), O.VII, R.11 & O.XXXIX, Rr.1, 2--Suit for declaration and injunction---Application for grant of interim injunction---Rejection of plaint---Plaintiff had contended that he was found entitled to 88 acres of land however, he was handed over 68 acres of land and that when he sought the directions for grant of balance of 18.23 acres, his plaint was rejected under O.VII, R.11, C.P.C.---Counsel for the defendants, in fact had not controverted the prima facie title of the plaintiff---Only ground urged was that no notice under S.24 of Colonization of Government Lands (Punjab) Act, 1912 was issued nor there being any apprehension suit was misdirected and same was dismissed---Even if that be the case, at the best, the court could have recorded such contention that the apprehension of the Plaintiff was not justified and could have disposed of the injunction application only, but there was no occasion to reject the plaint, when the part claimed in respect of additional land was sub judice before the court---Court was to decide on merits of the case as to whether the plaintiff was entitled for the additional land, or for that matter, whether the law, rules and regulations were there. Abdul Rehman for Appellant. Munir-ur-Rehman for M. D. A. Muhammad Shafi Memon, Additional Advocate-General. ORDER Appellant has impugned the order dated 30-6-2008 whereby while hearing C.M.A. No.6522 of 2008 under Order XXXIX Rules 1 and 2, C.P.C. the plaint was rejected under Order VII Rule 11, C.P.C, The plaintiff had sought the following relief:-- "A. Declare. (I) That the plaintiff is the sole and absolute owner of 80 acres of land Deh Kanto Malir, Karachi. (II) That the plaintiff are legally in possession of land of 68 Acres and 15 Ghuntas of land situated in C. No.89 Deh Kanto Malir Karachi as identified in the plan dated 11 January, 2007. (III) That the defendants have no right to dispossess the plaintiff from or resume 68 Acres and 15 Ghuntas of land situated in NC No.89 Deh Kanto Malir Karachi as identified in the plan dated…