Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 115---Specific Relief Act (I of 1877), Ss.42 & 54---Revisional jurisdiction, exercise of---Suit for declaration with permanent injunction--­Maintainability---Both Courts below had given concurrent findings of fact against plaintiff/petitioner that suit for declaration with permanent injunction filed by plaintiff/petitioner was not maintainable---Lease period having already expired, petitioner had alternative remedy to file suit for damages against defendant/respondent---Concurrent findings of Courts below, were upheld by High Court in revision. Sindh Industrial Trading Estate Ltd. v. Kemia Industries Ltd. 1999 CLC 1076 ref. (b) Transfer of Property Act (IV of 1882)- ----S. 105---Easements Act (V of 1882), Ss. 4, 52 & 60---"Licence" or "lease"---Determination---Agreement executed between the parties whereunder petitioner was permitted to carry on business for a particular period having already expired, same would neither create lease in favour of petitioner within meaning of S.105 of Transfer of Property Act, 1882 nor would contemplate an easement as defined in S.4 of Easements Act, 1882--- Said agreement could not be recorded as an irrevocable licence within meaning of S.60, Easements Act, 1882, but would amount to revocable licence within meaning of S.52 of the said Act and could be revoked by grantor. Abdullah Bhai and others v. Ahmed Din PLD 1964 SC 106 and M.A. Naser v. Chairman; Pakistan Eastern Railways and others PLD 1965 SC 83 ref. (c) Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Discretionary reliefs, grant of---Court not to grant discretionary reliefs in such cases where they were liable to be frustrated by Authorities concerned by passing a fresh order or where they would lead to injustice or clothe a suitor with an undeserving advantage or would inflict unjustified loss on the department---Necessary incident in the trial of judicial issues was that a suit which was on face of it incompetent under the law, should not be allowed to further encumber legal proceedings. (d) Words and phrases--- ---- Terms "licence" and "lease "---Points of demarcation and distinction elaborately discussed.…

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