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MUHAMMAD ASAR HUSSAIN versus KARACHI DEVELOPMENT AUTHORITY


The Appellate Court also dismissed the Special Relief Act 1877 Section 42 Constitution of Pakistan (1973), Article 199 constitutional petition for the declaration of suit against the respondent (authority) and the cancellation of allotment of plot suit for the mandatory injunction while The High Court partially delivered the verdict to the plaintiff. The suit to the extent that the allotment order cancellation in favor of the plaintiff and subsequent allotment to the defendant was unlawful and the ineligible plaintiff (authority) was further directed to accept the cost of the occupation and the plaintiff to question the plot. Give up possession of Such notice of breach of contract for non-payment of occupancy value was illegal and without jurisdiction nor could there be any breach of contract as the High Court has concerned the payment of the occupancy value. The plaintiff was instructed to perform his legal duty accordingly. The law, while endorsing such an order, has also been paid by the plaintiff of the Supreme Court. 40% of the property already owned by the landowner, the defendant (authority) was instructed to keep it in peaceful possession of the said plot and Also lease it and register in favor of it at the same price.

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