Law: Specific Relief Act, 1877

Section: 42,54

Law: Transfer of Property Act, 1882

Section: 52

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Law: Colonization of Government Lands (Punjab) Act, 1912

Section: 10

Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Colonization of Government Lands (Punjab) Act (V of 1912), S.10---Transfer of Property Act (IV of 1882), S. 52---Civil Procedure Code (V of 1908), O.VII, R. 11---Suit for declaration and permanent injunction---Lessee of State land (plaintiff) filed first suit seeking relief against interference in his possession and regularization of its lease---Granting of interim relief to plaintiff in first suit---Second suit by plaintiff challenging allotment of suit-land by Colony Department in favour of "A", wherein status quo order was passed---Trial Court framed issues after consolidating both suits---Transfer of suit-land. by "A" in favour of "R"---Application by "R" for rejection of plaint was accepted by the Trial Court for non-availability of suit-land for transfer to plaintiff---Appellate Court dismissed plaintiff's: appeal---Validity---Transfer of suit-land in favour of "A" and thereafter in favour of "R" were made during pendency of plaintiff's suits, thus, were hit by rule of lis pendens and could not affect original cause of action propounded by plaintiff in such suits---Plaints at such stage could not be rejected for non-disclosure of cause of action or that suits had become redundant due to transfer of land in favour of "R"---Plaintiff in changed circumstances could apply to trial Court for making appropriate amendment in plaint, so as to sustain his suits especially in situation, where there was some injunctive order in field---Trial Court under its inherent jurisdiction could bring back party to a position, where he originally stood as if injunction order had not been violated---Impugned order was absolutely illegal, infirm and based on erroneous exercise of jurisdiction---High Court accepted .revision petition, set aside impugned orders and remanded case to Trial Court for its decision afresh in accordance with law. Bakhtwar, and others v. Amin and others 1980 SCMR 89 rel. THIS JUDGMENT DELIVERED BY: MIAN SAQIB NISAR, J.--- The present petition i.e. C.R. No.1996 of 2006 as also C.R. No. 1997 of 2006, are being disposed of together, as both involve common questions of law, and facts. 2. In the two…

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