| Case ID |
152de45e-d0cb-4168-8486-ac72dac8ac15 |
| Body |
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| Case Number |
Suit No. 550 of 1995 |
| Decision Date |
Nov 30, 1995 |
| Hearing Date |
|
| Decision |
The court confirmed the status quo order earlier passed and restrained the defendants from raising any construction of a Marriage Hall on the disputed plot. The court found that the plaintiffs had established a prima facie case and that the balance of convenience favored them. The court ruled that the change of the plot from residential to amenity/commercial use constituted a public nuisance, affecting the peace of the entire locality. The defendants were not permitted to proceed with construction until the case was resolved, highlighting the importance of maintaining the residential character of the area and the potential harm to the plaintiffs' rights. |
| Summary |
In the case at hand, the Sindh High Court addressed the issues surrounding a dispute involving the Delhi Mercantile Cooperative Housing Society Limited and the residential rights of the plaintiffs, Mst. Sardar Begum and others. The plaintiffs sought to restrain the defendants from converting a residential plot into a commercial Marriage Hall, citing public nuisance and potential harm to their living conditions. The court examined the applicability of the Cooperative Societies Act, the Civil Procedure Code, and the Specific Relief Act, ultimately determining that the plaintiffs had a strong case. The ruling underlined the significance of preserving residential zones and preventing unauthorized commercial activities that could disrupt the peace and safety of the community. This case emphasizes the need for adherence to local regulations and the protection of residents' rights against encroachment by commercial ventures. Keywords like 'residential rights', 'public nuisance', 'Cooperative Societies Act', 'Civil Procedure Code', and 'Specific Relief Act' are critical for understanding the legal framework surrounding property disputes and community living standards. |
| Court |
Sindh High Court
|
| Entities Involved |
Delhi Mercantile Cooperative Housing Society Limited
|
| Judges |
AGHA RAFIQUE AHMAD KHAN, J
|
| Lawyers |
S. Saeed-ud-Din Nasir for Plaintiffs,
H. A. Rehmani for Defendant No. 1,
Zahida Naqvi for Defendant No. 2,
Dasti Muhammad Ibrahim for Defendant No. 3
|
| Petitioners |
5 others,
Mst. SARDAR BEGUM
|
| Respondents |
2 others,
DELHI MERCANTILE COOPERATIVE HOUSING SOCIETY LIMITED
|
| Citations |
1997 SLD 737,
1997 CLC 962
|
| Other Citations |
Abdul Razak v. Karachi Building Control Authority and others PLD 1994 SC 512,
Ardeshir Cowasjee and 9 others v. Muhammad Naqi Nawab and 5 others PLD 1993 Kar. 631,
Anjuman Imdad Qarza v. Abdul Haq and others PLD 1960 (W.P) Lah. 273,
Farida v. Prince Apartment Cooperative Housing Society and 2 others 1984 CLC 2914,
Zia-ur-Rehman Alvi v. Messrs Allahad Cooperative Housing Society Limited and 2 others PLD 1995 Kar. 399,
Multiline Associates v. Ardeshir Cowasjee and others 1995 SCMR 362
|
| Laws Involved |
Cooperative Societies Act (VII of 1925),
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877)
|
| Sections |
54,
70,
70-A,
O.XXXIX, Rr.1 & 2,
42
|