Law: Specific Relief Act, 1877

Section: 42,54

Specific Relief Act (I of 1877)--- ---Ss. 42 & 54---Sindh Public Property (Removal of Encroachment) Act (V of 1975), S.3---Contempt of Court Act (LXIV of 1976), S.3---Suit for declaration, injunction and damages---Application for contempt of court---Plaintiff claimed plot in question on the basis of gift from his mother and that plot was shown as amenity plot---During pendency of suit for declaration, injunction and damages, plaintiff who alleged that he had been dispossessed despite restraining order was passed against authorities not to disturb the possession of the plaintiff, had filed application for contempt of court---On statement of authorities, notice issued under S.3 of Sindh Public Property (Removal of Encroachment) Act, 1975 for removal of structure had been withdrawn by the authorities stating that suit could be disposed of in terms of said statement---Suit was filed by the plaintiff for declaration, injunction and damages and not for possession and prayer had been made accordingly, but thereafter no amendment was requested in the plaint or its prayer notwithstanding the fact that the plaintiff was allegedly dispossessed which situation remained for years---Plaintiff had consented to the disposal of the entire suit without any reservation or exceptions, which situation impliedly had shown that pending applications were also merged in the order accordingly to which suit stood disposed of in view of statement of authorities and thereafter there remained no grievance of the plaintiff---Plaintiff also gave up his claim for damages and was satisfied with the statement of authorities---Statement itself stated that plot in question was an amenity plot and nothing had been promised respecting title of the plaintiff or restoration of possession to the plaintiff---Since entire suit was disposed of without any reservation in respect to the possession or contempt application said application could not be re-agitated---Office had rightly treated said application as disposed of as the plaintiff himself did not take any steps to make any application for rectification or correction of the order. NIR 2000 Civil 333 and 1987-CLC 393 ref. THIS ORDER PASSED BY:…

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