Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Easement----- Law of Easement is applicable to evacuee properties transferred under Settlement Laws. (b) Easement--Constitution of Pakistan (1973), Art.185(3)--Finding whereby dominant and,subservient nature of relevant properties had been clearly established were upheld and leave to appeal was refused. Muhammad Asaf, Senior Advocate Supreme Court and Aslarn Chaudhry, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 12th July, 1988. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a defendant against the dismissal of his Civil Revision by the High Court. It had arisen out of a decree passed against him in a suit filed by the respondents' side regarding two easements a street passage and drainage of water. The respondents' property vis-a-vis which the existence of these easements has been accepted, was evacuee. According to the learned counsel, the petitioner's property also was evacuee. According to him originally they all formed one unit but were transferred to different parties under the Displaced Persons (Compensation & Rehabilitation) Act,…

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