Law:

Section:

(a) Specific Relief Act (I of 1877)-----Ss. 8 & 12--Sindh Urban State Land (Cancellation of Allotments, Conversions and Exchanges) Ordinance (III of 2001), Ss.3 & 4---Sindh Goth Abad (Housing Scheme) Ordinance (IV of 1987), S.3---Civil Procedure Code (V of 1908), O.III, R.2 & O.VII, R.1h-Transfer of Property Act (IV of 1882), S.54--Suit for specific performance and possession by general attorney of allottees--Allotment of 16 acres land in favour of 50 allottees under Sindh Goth Abad (Housing Scheme) Ordinance, 1987---Cancellation of such allotment and offering of land to allottees on payment of differential value as worked out by Committee appointed under Sindh Urban State Land (Cancellation of Allotments, Conversions and Exchanges) Ordinance, 2001-Non-issuance of challan of such differential value by authority-Such suit by agent in his own name---Maintainability---Sindh Goth Abad (Housing Scheme) Ordinance, 1987 would apply to rural areas, while Sindh Urban State Land (Cancellation of Allotments, Conversions and Exchanges) Ordinance, 2001 would apply to urban areas of the province--- Sindh Urban State Land (Cancellation of Allotments, Conversions and Exchanges) Ordinance, 2001 would not apply to land under Sindh Goth Abad (Housing Scheme) Ordinance, 1987---Allotment under Ordinance, 1987 to be made free of cost would not be in excess of two Ghuntas of land (approximately 220 sq. yds.)-Allotment of suit-land was, thus, contrary to Ordinance, 1987--Such offer made by authority through its letter could not be labeled as contract between parties, thus; on basis of such illegal letter, no relief could be granted--Plaint did not disclose as to how general attorney/plaintiff himself had acquired his own interest in suit-land from its allottees--Power of attorney itself was neither a document of transfer of property nor a document of conveyance nor even an agreement to sell land--Plaintiff had neither joined original allottees as plaintiffs in suit nor attached with plaint letter of allotment--Agent himself could not claim ownership right of his own in property of his Principal on basis of agency document---Plaintiff-agent had no cause of action to…

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