Law:

Section:

Specific Relief Act (I of 1877)---Ss. 42, 54 & 55---Constitution of Pakistan (1973), Art. 185(3)---Suit for declaration, permanent and mandatory injunction---Issues in the case were settled and contesting parties adduced their evidence---Suit, in the ultimate analysis, was decreed by High Court and appeal filed before Division Bench also having failed, petitioner had sought leave to appeal---Various questions, such as delay in filing suit, alleged title to plot in question and lease of said plot, were involved in the case and it was urged that findings of the High Court were based on misreading and non-reading of the record---Leave to appeal was granted to consider, inter alia, the questions of law raised at the bar. ORDER RANA BHAGWANDAS, J.--- Petitioner seeks leave to appeal against dismissal of High Court Appeal arising out of Suit No.181 of 1995 instituted by respondent No.1 against the petitioner seeking declaration of ownership of plot in suit measuring 2028 sq. yards that she be declared as trespasser and encroacher having no legal or valid title to the property. A permanent injunction was also sought restraining her or any one else from claiming or raising construction on the aforesaid plot and creating any interest in it. Mandatory injunction seeking dispossession of the petitioner lady was also sought in addition to the damages to the tune of Rs.5,00,000 for causing harassment and mental torture to the respondent. 2. The suit was resisted on the premises that Plot No.117, Block-F, North Nazimabad, Karachi had been bifurcated into two plots, one measuring 1111.11 sq. yards and the other measuring 588.56 sq. yards; that the bifurcated plots were renumbered as 117-F and 117/1-F, respectively. It was alleged that plot measuring 1111.11 sq. yards was leased out by Karachi Development Authority in favour of one Afaq Hussain Siddiqui vide indenture of lease dated 27-12-1996 in respect whereof, an agreement to sell between her and his attorney Syed Nasir Mahmood, was entered into for consideration of Rs.9,55,000 it was added that ultimately vide registered gift-deed, dated 31-12-1994, plot was gifted in her favour by Afaq Hussain Siddiqui through his…

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