Law:

Section:

Specific Relief Act (I of 1877) -- S. 42 Declaratory suit Relief refused to petitioner on ground that be failed to satisfy normal standard for obtaining a finding of fact with regard to alleged damage to his house on account of an abandoned well (bouli) constructed during Muslim rule in India Effort being to re open case on question of finding of fact for which no justification existed, petition, held, merited dismissal However although petitioner failed to establish specific damage allegedly caused by concerned respondents possibly could not be excluded of petitioner suffering damage in future Respondent's counsel unable to show it not being responsibility of authority concerned to keep bout in such condition as not to cause any damage or nuisance to petitioner and other residents of locality Respondent's counsel undertaking to inform concerned authority to do needful in matter, petitioner's counsel not pressing petition any further, hence petition dismissed. ORDER MUHAMMAD AFZAL ZULLAH, J. Leave to appeal has been sought from judgment dated 8 6 1982 of the Lahore High Court ; whereby the petitioner's regular second appeal, arising out of a suit for damages, was dismissed. After hearing the learned counsel in support of the petition, we find that the relief was refused to the petitioner on the ground that he had…

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