Law:

Section:

Specific Relief Act (I of 1877) -- S. 54 Constitution of Pakistan (1973), Art. 185(3) Permanent injunction, grant of Concurrent findings of fact by the Courts below ¬Lahore Development Authority on 15.7.1985, issued notice to plaintiff calling upon her to stop illegal construction on her plot Plaintiff asserted that the construction was raised according to sanctioned plan and was raised in year 1975 Assertion of the plaintiff was proved during trial and the suit was decreed in her favour by the Trial Court Appellate Court and High Court in exercise of appellate and revisional jurisdiction respectively maintained the and decree passed by the Trial Court High Court directed the Authority not to interfere in the old construction Validity Lahore Development Authority failed to point out any illegality or legal infirmity in the warranting interference by Supreme Court Leave to appeal was refused. Muhammad Rashid Ahmad, Advocate Supreme Court for Petitioners. Ch. Muhammad Saleem, Advocate Supreme Court with Tanvir Ahmed, Advocate on Record for Respondent. Zafar Chaudhry, Advocate Supreme Court for Applicant. Date of hearing: 3rd March, 2003. ORDER TANVIR AHMED KHAN, J. ---Leave to appeal is sought against the judgment dated 22 10 1999 of a learned Single Judge of the Lahore High Court, Lahore, whereby Civil Revision No.141 of 1.998 filed by the petitioners was dismissed maintaining the determinations of the two Courts below. The facts briefly narrated are that a notice was issued by petitioner No.2, Deputy Town Planner, Lahore Development Authority, to the respondent on 15 7 1985 calling upon her to stop illegal construction of shop on the plot bearing No.9 C, Gulshan-e Ravi Scheme, Lahore. This notice was assailed by the respondent by filing a suit for permanent injunction on 18 7 1985. It was averred by the respondent that she was owner in possession of Plot No.41 C, Khasra No.1136, Gulshan e Ravi Scheme, Lahore, and had raised construction after securing necessary sanction from the Lahore Municipal Corporation. Issues were framed and the parties led their evidence. The learned Civil Judge 1st Class, Lahore, decreed the above suit through his judgment, dated 24 9…

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