Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Specific Relief Act (I of 1877)--Ss. 42 & 54---Constitution of Pakistan (1973), Art. 185(3)---Easement, right of---Suit for. declaration and injunction---Plaintiffs had apprehended that if the construction of the multistoreyed building was completed it would block the passage of light and air of their house passing through ventilators, exhaust fan and stairs of the house---Local Commissioner was appointed during pendency of the suit, who, after inspecting the site, submitted his report supporting the case of plaintiffs---Appellate Court had evaluated thoroughly the evidence available on record and on basis of independent assessment concluded that no case was made out by the plaintiffs--- Revisional Court maintained the finding of the Appellate Court because no irregularity or illegality had been pointed out in the appellate order--­Validity---Report of the Local Commissioner was not admissible because he did not prepare the same after making actual observation by entering the house to ascertain as to whether construction of multistoreyed building would block passage of light and air of the house of plaintiffs---Held, even though a right of easement of light and air was established, a person was not entitled to an injunction unless the disturbance of his easement appreciably and materially affected his enjoyment of the building in respect of which the easement Was claimed. 1984 CLC 3244; 1904 AC 179 and AIR 1938 Sindh 37 ref. (b) Easement--- ----Right of easement of light and air---Injunction, grant of ---Conditions---Held, even though a right of easement of light and air was established, a person was not entitled to an injunction unless the disturbance of his easement appreciably and materially affected his enjoyment of the building in respect of which the easement was claimed. 1984 CLC 3244; 1904 AC 179 and AIR 1938 Sindh 37 ref. S.A.M., Quadri, Advocate-on-Record for Petitioners. Tariq Mehmood, Advocate Supreme Court and M. Anwar Khan Durrani, Advocate-on-Record -for Respondents. Date of hearing: 24th May, 2000. ORDER IFTIKHAR MUHAMMAD CHAUDHARY, J.---This petition has been filed for leave to appeal against judgment, dated 10th July, 1998 passed by…

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