Law:

Section:

Lahore Development Authority (Building Control Regulations), 1984--- ---- RegIns. 17 & 96 --- Specific Relief Act (I of 1877), S.56 --- Civil Procedure Code (V of 1908), 0. XXXIX, Rr. 1, 2 & S. 115 --- Opening and establishing school in residential areas --- Propriety --Neighbouring residents' entitlement to object and, seek injunction against such venture --- Property wherein school was proposed to be opened and established ' was located in residential areas and same was governed by Lahore Development Authority (Building Control) Regulations, 1984, in so far as its development and matters incidental thereto were concerned --- Right to property although is a recognised right yet such right should not be misused so as to harm any citizen with a right to construct his property in whatever manner he likes --- Right to property was always subject to reasonable restrictions imposed by law --- Owner or tenant of a house/plot could not convert any residential house into that of commercial enterprise by opening or establishing school therein --- Regulations which are meant for the benefits of the residents of the area do create a right in favour of those residents to seek enforcement thereof --- Regulations providing prohibition as to conversion of property to different use was meant for the benefit of residents of the area, therefore, they have a right to invoke jurisdiction of Civil Court to seek enforcement thereof --- Plaintiffs, thus, had prima facie case to seek injunction against a threatened injury to their rights inasmuch as school was yet to be opened and established --- Opening and establishing of school in residential area does fall in the definition of private nuisance and persons living in the immediate neighbourhood or even in vicinity thereof, were entitled to enforce their right of quiet enjoyment of their properties by seeking to restrain somebody or anybody living in the same area for disturbing the peace and tranquillity thereof, by opening and establishing school in residential quarters --- Averments contained in plaint as also law applicable thereto eminently disclosed a prima facie case --­ Balance of convenience which in fact means…

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