Law:

Section:

Karachi Development Authority Allotment Regulations------- Reglns. 7 (d) & 23---Karachi Development Authority Order (5 of 1957), Art. 131---Plot in question was allotted to plaintiff through ballot---Plaintiff deposited second instalment but possession was not handed over to plaintiff--­Said plot was subsequently allotted to defendant and he constructed building thereon---Allotment in favour of plaintiff was, however, never cancelled--­Plaintiff's suit was decreed by both Courts below---Validity---Evidence on record showed that allotment order of plaintiff was never cancelled by the Authority nor any such steps were taken; it was, therefore, not within the competence of Authority to allot same plot to defendant during subsistence of first allotment---Both Courts below had thus, rightly decided such point in favour of plaintiff---Subsequent allottee could not show any reason to disagree with such finding---Grant of plot in question, in favour of defendant was, thus, illegal and without any lawful authority and jurisdiction---No evidence, however, was brought on record to show that subsequent allottee had notice of allotment of same plot in favour of plaintiff when he was put in possession of plot in question, executed sale-deed and raised construction on such plot---In order to do complete justice with the parties, grant of alternative plot to plaintiff of the same area and at the old rate at which plot in question, was allotted to him, was the only solution for which Authority rightly decided to do so--­Authority was directed to allot alternate plot to plaintiff at the old rate at which plot in question was allotted to him, within three months from the date of ---Authority's failure to do so would entitle plaintiff to the recovery of amount of the current market value of plot in question, to be determined by the Nazir of Court, in execution of . Muhammad Aslam through Legal Heirs v. Wazir Muhammad PLD 1985 SC 46; Samar Gul v. Central Government and others PLD 1986 SC 35; Muhammad Luqman v. Bashir Ahmed PLD 1994 Kar. 492; Firm Sriniwas Ram Kumam v. Mahabir Prasad and others AIR 1951 SC 177; Alvia Tableeghi Trust and 8 others v. Mujeebur Rahman Alvi and 7…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492