Law:

Section:

Municipal Administration Ordinance (X of 1960)----- ----S.83---Specific Relief Act (I of 1877), S.42---Constitution of Pakistan (1973), Art.185(3)---User of frontage of property, right of---Removal of encroachments from the frontage---Defendants had created Khokhas (Kiosks) in front of building owned by the plaintiffs---Municipal Committee had granted licences to raise Khokhas (Kiosks)---Grievance of the plaintiffs was that they had a right to use the frontage of their building and raising of Khokhas was illegal---Suit was decreed by the Trial Court in favour of plaintiffs but the Appellate Court reversed the findings of Trial Court and the suit was dismissed on the ground that under S.83 of Municipal Administration Ordinance, 1960. the Municipal, Committee had rightly granted licences to raise Kiosks---High Court in exercise of revisional jurisdiction, restored the and decree passed by the Trial Court---Validity---Where it was established that the property abutted on public road, then the right of frontage was vested in the owner of the property which entitled him to seek relief from Court to protect his right---Plaintiffs had proved that their ventilators, door and approach to the roof through the stairs were blocked because of setting up of the Kisoks right adjacent to the outer walls of property---Supreme Court depreciated the act of Municipal Committee protecting the illegal encroachments and associating itself with encroachers---Leave to appeal was refused. JUDGMENT TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment, dated 19-2-2002 of a learned Single Judge of the Lahore High Court, Lahore, whereby Civil Revision No. 1525 of 1982 filed by the respondents was accepted and the judgment, dated 16-6-1982 of the learned District Judge, Faisalabad, was set aside and the earlier judgment rendered by the trial Court on 19-12-1981 was restored. The facts briefly stated are that on 26-5-1973 the respondents/plaintiffs filed a declaratory suit against the Municipal Committee and others taking exception to the construction of Khokhas in Chota Rail Bazar, Toba Tek Singh, towards the backside of their Shop No.P-201/1 which was allotted by the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492