Law:

Section:

(a) Specific Relief Act (I of 1877)-------Ss. 42 & 54---Civil Procedure Code (V of 1908), S.11 & O.VII, R.11---Sindh Public Property (Removal of Encroachments) Act (V of 1975), Ss.3, 9, 11, 12 & 13---Suit for declaration, injunction and damages---Initiation of proceedings under S.3 of Sindh Public Property (Removal of Encroachments) Act, 1975 for eviction of plaintiff from disputed land---Plaintiff first filed Constitutional petition, and after its dismissal filed petition before Supreme Court, but withdrew the same--­Plaintiff thereafter filed the present suit---Defendant sought rejection of plaint on the ground that suit was hit by S.11, C.P.C. and thus was barred by law---Plaintiff's plea was that since the suit was also for damages, plaint was not liable to be rejected under O. VII, R.11, C.P.C.---Validity---Relief for damages in itself was not a new cause of action, but a consequential relief---Unless and until plaintiff first established his right over the disputed land, he could not claim damages---If plaintiff failed to establish his claim over disputed land, his claim for damages would evaporate in the air---After dismissal of Constitutional petition and petition for leave to appeal before the Supreme Court, plaintiff could not claim any title or interest in the disputed land---Suit was, thus, hit by principles of res judicata---Without first availing remedy of appeal before Tribunal as envisaged under S.12, Sindh Public Property (Removal of Encroachments) Act, 1975, suit being premature was hit by Ss.9,_11 & 13 of the said Act and barred by principle laid down in Tariq Transport Company's case PLD 1958 SC (Pak.) 437---High Court rejected the plaint under O. VII, R.11, C:P.C. Tariq Transport Co. v. Sargodha-Bhera Bus Service and others PLD 1958 SC (Pak.) 437 fol. Pir Bakhsh through L.Rs. v. The Chairman, Allotment Committee PLD 1987 SC 145; Muhammad Anwar v. Mst. Nawab Bibi and others 1989 SCMR 836; Ziauddin v. Pakistan Defence Housing Authority 1999 CLC 723; Fairoz .Din and others v. Muhammad Sher Khan 1979 CLC 742; Begum Atiya Hasimi and. others v. Mst. Aamee and others 1987 MLD 305; Mst. Iqbal Begum v. Farooq Inayat and others PLD…

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