Law: Civil Procedure Code (V of 1908)

Section: S.92,92(f),79,O.VII,r.26

Law: Civil Procedure Code (V of 1908)

Section: S.92,92(f),79,O.VII,r.26

Law: Specific Relief Act, 1877

Section: 42,56,157

Law: Constitution of Pakistan, 1973

Section: 172

Specific Relief Act (I of 1877)-------S. 42---Filing of suit---Maintainability---Office objection---Scope---At the time of filing of the suit, office had raised ten different objections which included locus standi of plaintiff to file the suit, cause of action, fixation of court-fee etc.---Effect---Important questions were raised in the plaint having far reaching consequences in their nature and impact on community as a whole---All contentions required deeper appreciation of evidence which could properly be thrashed out at the time of trial---High Court directed the office to assign number of the suit---Office objections were overruled accordingly. Faizuddin for Plaintiffs. Zafar Iqbal Dutt for Defendants Nos.2 and 3, Ahmed Pirzada, A.A.-G., Iqbal Memon for K.B.C.A. Thawar Ali Khan for C.D.G.K. for Defendants. ORDER KHALID ALI Z. QAZI, J.--- This is a suit for declaration, grant of permanent injunction, cancellation of documents, filed by the plaintiff and prayed for the following relief as under:-- (a) It be declared that the defendant No.1 have had no locus standi to transfer the six on visages Trust Properties for any consideration to any person in violation of the provisions contained in section 92, C.P.C. and registered settlement deed. (b) It be declared that the defendant No.2 was and still not the owners, valid transferees and/or vendees of the six immovable properties recorded in the sale-deed, dated 9-9-1980. (c) That the defendant No.1 (viz. The Trust and the Trustees) as well as defendants Nos.2 and 3 have played fraud throughout in the sale and purchase of the six properties. (d) that the suit properties belong to the. Government in terms of Article 172 of the Constitution of the Islamic Republic of Pakistan, 1973. (e) That the acts of demolition renovation, domain over the six trust properties, administration, control and management etc. by the defendants Nos.2 and 3 was a biotic void, illegal, bad in law and based on principles of antinomy. (f) It be declared that the responsible officers/personnels and institutions have not performed their functions and duties in perspicuous manner. (g) It be declared that the sub-Registrar under the active…

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