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HAJI AMIN versus NAVAID HUSSAIN


Section 19 Sindh Regulation and Control (Use of Plots and Construction of Buildings) Ordinance (VIII of 2002), Sections 4 and 5 Sindh Chief Court Rules (O Section), R76 Civil Procedure Code (V8 1908), O XXXIX, Rr 1 , 2 and 4 of the Special Relief Act (Constitution of 1877), Articles 42 and 54 of Pakistan (1973), Article 185 (3) of the Housing Society's declaration on the building of an illegal multi-storey commercial building and Permanent injunction against the construction of a residential suit on a residential plot, temporarily against the construction of the suit, the defendant's plea was for the plaintiff to apply the suit plot as a commercial plot. Alam was appointed by the High Court. As a high bidder, the sale of the suit plot was allowed by the High Court in favor of the respondent and it was acquired by the Government Assistant. The suit plot was a Corner plot at the junction of two roads known as Corner Road. That the construction on the suit plot was in accordance with the approved plan. That the defendants did not object to the auction of the suit plot in response to a notice published in the newspaper seven years ago. And that the plaintiffs did not object to the Housing Society or the Commissioner concerned that the change of suit plot was commercially valid as both roads were already declared / approved by the authorities as both the commercial and commercial buildings There is a breach in which the terms of the lease contain the restricted clause. Identification of the notice cannot be objected to between the parties and during the publication of the notice as the suit plot can be changed in addition to commercial matters.

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