Law: Civil Procedure Code (V of 1908)

Section: O.VI,r.17,O.VII,r.11,O.XXXIXR.1,2,O.XL,R .1,S.151

Law: Civil Procedure Code (V of 1908)

Section: O.VI,r.17,O.VII,r.11,O.XXXIXR.1,2,O.XL,R .1,S.151

Law: Specific Relief Act, 1877

Section: 42,56(1)(i)

Law: Sindh Local Government Ordinance (XII of 1979)

Section: 147(2),1(6)

(a) Specific Relief Act (I of 1877)-------Ss. 42 & 54---Easements Act (V of 1882), S.52---Transfer of Property Act (IV of 1882), Ss.8 & 105---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for declaration and injunction---Allotment of amenity plot by Karachi Water and Sewerage Board (KW&SB) in. favour of its Officers Association for establishing thereon a club---Construction of club and its lawn on suit plot by plaintiff under agreement with Officers Association-Running of cafeteria on club lawn by plaintiff under subsequent agreement with Officers Association---Revocation of licence of plaintiff by Officers Association and demolition of club and lawn by the Board---Suit by plaintiff against such demolition and his dispossession from club lawn---Rejection of plaint, application for---Validity---Lease was not in favour of Officers Association, which could not transfer any title to plaintiff except to use plot for catering as a licensee---Board was not party to any agreement between plaintiff and Officers Association---Possession- of plot given to plaintiff for construction of club thereon had been returned to Officers Association after completion of construction---Officers Association had granted license to plaintiff to enter into club lawn for catering purposes, while its possession belonged to Officers Association---Board being owner of suit plot had not granted any lease or licence to plaintiff, who had no title or right over suit plot---No one could transfer a title better than that what he had---Board had not granted title to. Officers Association in respect of suit plot---Officers Association and plaintiff had not paid cost of suit plot---Board was not liable for amount invested on such construction by plaintiff, for which he could sue Officers Association for its recovery---Amenity plot had been converted into commercial plot---Officers Associations had already surrendered suit plot to the Board---Suit plot was presently lying as an open plot of land---Suit was not likely to succeed---Plaint was rejected under O.VII, R.11, C.P.C. PLD 2004 SC 860; 2002 SCMR 1269; 2004 CLD 603; 2001 CLC 1904; PLD 2001 Kar. 185; PLD 1998 Kar. 1; PLD 1993…

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