Law:

Section:

Specific Relief Act (1 of 1877)--S.42---Constitution of Pakistan (1973), Art. 185(3)---Suit for declaration---Decree passed in suit by Trial Court and affirmed by Appellate Court below was modified by High Court in revision taking into consideration facts of the case---Question of fact having been determined by High Court on basis of evidence on record and by considering facts of the case, Supreme Court declined interference. JUDGMENT SH. IJAZ NISAR, J.---This petition is directed against the judgment, dated 8-6-1999, passed by the Lahore High Court, Lahore, in Civil Revision No-98 of 1996. The facts, in brief, are that Khizar Hayat Khan petitioner was awarded -a contract for collection of fee for the sale and purchase of animals in the Cattle Markets, Faisalabd, Jaranwala and Tandalianwala, for the period commencing from 1-7-1992 to 30-6-1993 for a consideration of Rs.1,20,02,000. The agreement was reduced into writing. The petitioner deposited 10 % of the said amount as advance .and 2 % as security. He was also required to pay the remaining amount in monthly installments alongwith the advance income tax and wages of the staff. 3. According to the petitioner, the District Magistrate, Faisalabad, restricted the movement of the cattle under section 144, Cr.P.C., on account of floods. Resultantly, the Provincial Government vide Notification dated 4-10-1992 prohibited the holding of cattle market till 31-10-1992. The petitioner could not, thus, hold the market during the said period and claimed the refund of Rs.17,31,254, which the respondent/Zila Council declined. 4. Feeling aggrieved, the petitioner instituted a suit against the respondent for declaration and consequential relief, praying therein that the advance installment paid for the month of October, 1992, be adjusted for the installment of March, 1993. The respondent contested the suit. 5. After framing the necessary issues and hearing the learned counsel for the parties, the learned Trial Court vide judgment dated 31-7-1993 decreed the suit in favour of the petitioner allowing him to withdraw his security amounting to Rs.17,31,254 deposited by him in the Court at the time of institution of the suit in…

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