MUHQMMAD YAQOOB versus GHULAM MUHAMMAD

Section 42 Declaration of Applicants from this shop to file a lawsuit claiming that the claim belongs to the Provincial Government and that the exchange is in favor of the settlers through illegal and excessive encroachments. The invocation calls for a permanent ban on the injunction, there is no such thing as proprietary rights. Responding in the abstract form to which the declaration can be made and the plaintiff has not shown the rights in the property, the suit is rightly rejected.

1981 C L C 654

[Lahore]

Before Khurshid Ahmad, J

MUHAMMAD YAQOOB ETC.‑Petitioners

versus

GHULAM MUHAMMAD ETC.‑Respondents

Civil Revision No. 521 of 1977, heard on 22nd April, 1980.

(a) Specific Relief Act (I of 1877)‑

‑‑ S. 42‑Declaratory suit‑Petitioner filing suit for declaration that shop belonged to Provincial Government and its transfer in favour of respondents by Settlement Authorities illegal and ultra vires, with prayer for perpetual injunction restraining respondents from ejecting petitioners from shop‑Held, there being nothing like possessory right in abstract form respecting which declaration could be granted and plaintiff having not shown to have rights in property, suit rightly dismissed.

Mt. Shankri v. Milkha Singh A I R 1941 Lab. 407 and Inayat Ullah Shah Muhammad P L D 1961 Lab. 372 ref,

(b) Specific Relief Act (I of 1877)‑‑

‑‑ S. 9‑Dispossession of person in lawful possession‑Lawful posses sion of person dispossessed, held, to be restored irrespective of his title, within six months.

Fazal Muhammad v. Muhammad Usman P L D 1970 Lah. 560 ref.

(c) Civil Procedure Code (V of 1908)‑

‑‑ O. VII, r. I1‑Plaint, rejection of‑Petitioners filing suit for declara tion of shop having belonged to Provincial Government‑Petitioners, in such case, held, did not have locus standi to file suit and plaint did not disclose any cause of action.‑[Plaint‑Locus standi].

Malik Muhammad Nawaz for Petitioners.

Ch. Muhammad Abdul Saleem for Respondents.

Date of hearing : 22nd April 1980.

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