The OX, R 12 & Section 11 suit for immovable property possession and mason profits and damages recovery, the applicable judiciary for plaintiffs, was the principle that defendants were temporarily allowed to remain in suit property. Was given and legal notice was taken on it. To evict them as well and afterwards the defendants filed a claim for permanent injunction which was dealt with by the defendants on the ground that there was no construction / alteration etc. by them in the suit property. In addition, the litigation claimants conceded that the suit property would be increased / altered without the consent of the plaintiffs, which means that the suit property belongs to the plaintiffs, The owner of the property has full authority to make any modification / addition to his property as is acceptable. The dispute regarding the occupation of the suit property under the law was New York decided between the parties, therefore, it cannot be said that the principle of race Judasta was applicable.
Related judgments — Karachi High Court Sindh, 2013
