Law:

Section:

Specific Relief Act (I of 1877)---S. 42---Constitution of Pakistan (1973), Art.185(3)---Suit for declaration---Plaintiff raised construction on suit-land, which was a specific portion purchased by him and demarcated through a "Tatima" prepared by Revenue Authority---Authority acquired suit-land for its scheme, but refused to grant to plaintiff exemption to the extent of full area as compensation on the ground that same was a vacant site---Courts below concurrently decreed plaintiff's suit finding that for having raised construction on suit-land, he was entitled to exemption as a whole under such scheme as a matter of right---Such findings of Courts below not suffering from misreading, misconstruction or non-consideration of any material piece of evidence, Supreme Court dismissed appeal. JUDGMENT MUNIR A. SHEIKH, J.---The respondent was proceeded against ex parte. Mr. M.A. Zafar, Advocate Supreme Court, learned counsel for the respondent has appeared today and made an oral request for allowing him to appear in this case. In the interest of justice, respondent is hereby allowed to enter appearance. 2. This appeal by leave of the Court is directed against the judgment dated 31-10-1996 of the Lahore High Court, Lahore whereby Constitution petition filed by the appellant impugning judgments of the two Courts below has been dismissed. 3. The facts of the case are that the land underneath the property in dispute measuring 1 Kanal comprising Khasra No.1061 was purchased by the appellant on which according to him he had raised construction. The total area comprising Khasra No.1061 was 12 Kanals. The portion of the said Khasra number of 1 Kanal purchased by the respondent was demarcated through a "Tatima" prepared by the Revenue Authority which was described as Khasra No.1061/3. The property in dispute was acquired by the appellant for a scheme. The question arose as to whether the respondent was entitled to exemption of the total area of 1 Kanal under the scheme for the reason that he had raised construction on the said land or 30% of the area assuming that the same was a vacant site, for according to the scheme, exemption to the extent of full area was permissible in…

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