Law:

Section:

Specifc Relief Act (I of 1877)----S.42--Constitution of Pakistan (1973), Art.185(3)--Suit for permanent injunction--Petitioners being encroachers and trespassers on the Government land, had no locus standi to ask for an injunction. ORDER JAVID IQBAL, J.--These two petitions are connected in the sense that they are directed against the orders of the Lahore High Court, Lahore whereby civil revisions of the petitioners were dismissed. Since the same question arises in both these petitions these are being taken up together. Briefly the facts are that the respective petitioners filed suits for declaration against the Province of Punjab etc. respondents to the effect that they were owners in possession of the disputed property in each case and that the construction raised by them was part of the each property, and that the notice given by the respondent for vacating the same was illegal, void and ineffective and further that the respondents should be restrained through permanent injunction from interfering m their respective possession and demolishing the constructions raised. The trial Court dismissed the suit on the ground that the petitioners were not the legal transferees in both the cases and that they were merely to encroachers/trespassers of the excess areas and that also the constructions raised by them were illegal. Despite this finding the trial Court directed the respondents f to transfer the excess areas to the respective petitioners as they had raised constructions thereon and were in possession of the same. On appeal of the respondents…

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