Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Suit for declaration and injunction---Plaintiff had filed suit for a declaration that he was lessee of land in dispute for 99 years which lease still subsisted and that letter of defendant calling upon plaintiff to show cause why provisional allotment of land in his favour may not be cancelled, was illegal, ultra vires, fraudulent, collusive and being contrary to actual facts was not binding on plaintiff---Plaintiff had also sought an injunction to restrain defendant from cancelling allotment/lease already executed in respect of land in dispute and from taking forcible possession of same---Plaintiff had failed to establish that a lease for 99 years was executed in his favour by defendant, while it had fully been established that defendant had granted only a licence to construct factory on land in dispute to the satisfaction of defendant through agreement and had not granted any lease---Plaintiffs case was not that licence could not be revoked---Since all that defendant did by disputed letter, was to call upon plaintiff to show cause why provisional allotment in respect of land might not be cancelled, letter in dispute was not illegal or ultra vires and plaintiff was also not entitled to relief of declaration that he was a lessee of plot in dispute---Plaintiff was also not entitled to injunction to restrain defendant from cancelling alleged lease. Dominion of India v. Sohan Lal AIR 1950 E.Pb. 40 ref. JUDGMENT The evidence in this case was concluded on 3rd September, 1990 and it was then adjourned, for arguments, to a date in office. Since then the hearing was adjourned from time to time on various grounds including the ground that the parties were negotiating for an amicable settlement. Today the case was called several times but neither the plaintiff nor his counsel remained present. The plaintiff has filed this suit for a declaration that he is the lessee of plot of land bearing No.S/87-A, SITE, Karachi, for 99 years and the lease still subsists and that the letter of the defendants dated the 8th January, 1987, is illegal, ultra vires, fraudulent, collusive and contrary to the actual facts and not…

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