Law:

Section:

(a) Specific Relief Act (I of 1877)--S.42---Term "property" as used in S.42 of Specific Relief Act, 1877---Connotation, scope and illustrations---Such term is of wide import having within its fold both tangible and intangible property---Such term connotes exclusive right of possession or enjoying capability of being disposed of, assigned or transferred---Such term comprises of bundle of rights, which a person is capable of enjoying to his advantage giving rise to some privilege, benefit or monetary gain by exercise of such right---Property may be in shape of fixed assets or object or a right in intangible property, such as trade mark, goodwill or trade name, royalty etc. (b) Specific Relief Act (I of 1877)--- ----Ss. 12 & 42---Easements Act (V of 1882), S.52---Contract Act (IX of 1872); S.2(h)---Suit for declaration and specific performance of licence---Maintainability-- Licence is a contract, between the parties to perform and assume certain obligations, privileges, benefits by claiming its due performance---Privileges and benefits under such contract; broadly speaking, are "property"---Person entitled to such benefits can claim due recognition and its corresponding performance by other---Such suit would not be hit by S.42 of Specific Relief Act, 1877. (c) Easements Act (V of 1882)--- ----S.60---Licence inherently revocable, unless shown to be coupled with interest. (d) Specific Relief Act (I of 1877)--- ----S.12---Contract Act (IX of 1872), Ss. 2(e), 182 & 202--­Specific performance of agency agreement---Scope---Such agreement cannot be specifically enforced, unless shown to be coupled with interest and still subsisting. Messrs Baba Handicraft v. Civil Aviation Authority 1997 CLC 1005 and Muhammad Arif Affendi v. Egypt Air 1980 SCMR 588 ref. Messrs World Wide Trading Co. v. Sanyo Electric Trading Co. Ltd. and another PLD 1986 Kar. 234 and Adamjee Paper and Board Mills Ltd. v. Maritime Agencies Ltd. 1984 CLC 440 rel. (e) Specific Relief Act (I of 1877)--- ----S.12---Easements Act (V of 1882), S.52---Contract Act (IX of 1872), Ss. 182 & 202---Licence or agency agreement for fixed term---Specific performance of such contract after expiry of its…

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