| Case ID |
1f0e742c-3724-44c7-956d-216fa236f7df |
| Body |
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| Case Number |
Second Appeal No.205 of 2019 |
| Decision Date |
Apr 30, 2021 |
| Hearing Date |
Apr 22, 2021 |
| Decision |
The High Court allowed the Second Appeal, setting aside the orders of the Trial Court and the Lower Appellate Court. The court emphasized that the appellant had a legitimate cause of action due to alleged unlawful construction on an adjacent plot, which threatened her property rights. The case was remanded to the Trial Court for a decision on merits, highlighting that the rejection of the plaint was inappropriate as it did not cite any specific legal provisions barring the suit. The court clarified the proper interpretation of Section 42 of the Specific Relief Act, asserting that the plaintiff's right to seek a declaration regarding her property was valid. |
| Summary |
In the case of Second Appeal No.205 of 2019, the Sindh High Court addressed the rejection of a plaint concerning property rights. The appellant, the owner of Plot No.D-78, challenged the construction on the adjacent Plot No.D-77, arguing it violated building regulations. The Trial Court's dismissal was based on a misinterpretation of the plaintiff's locus standi, leading to the High Court's intervention. The decision underscored the importance of protecting property rights under the Specific Relief Act, allowing the appellant's appeal and remanding the case for further proceedings. This case highlights critical aspects of property law, the Specific Relief Act, and procedural issues in civil litigation, making it a significant reference for similar cases in the future. |
| Court |
Sindh High Court
|
| Entities Involved |
Sindh Building Control Authority
|
| Judges |
MUHAMMAD SHAFI SIDDIQUI,
MS. QAISER JEHAN BEGUM
|
| Lawyers |
Saadat Yar Khan,
Zeeshan Khan,
Faraz Akhtar holding brief for Waleed Rehan Khanzada
|
| Petitioners |
MUHAMMAD SHAFI SIDDIQUI
|
| Respondents |
SINDH BUILDING CONTROL AUTHORITY (SBCA) THROUGH DIRECTOR GENERAL AND 6 OTHERS
|
| Citations |
2022 SLD 623,
2022 MLD 308
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act, 1877,
Civil Procedure Code (V of 1908)
|
| Sections |
42,
54,
11
|