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Citation Name: 2023 YLR 1261 LAHORE-HIGH-COURT-LAHOREBookmark this Case PROVINCE OF THE PUNJAB vs MUHAMMAD KHAN (deceased) Ss — 2023 YLR 1261 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 YLR 1261 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
YLR
Parties
Citation Name: 2023 YLR 1261 LAHORE-HIGH-COURT-LAHOREBookmark this Case PROVINCE OF THE PUNJAB vs MUHAMMAD KHAN (deceased) Ss
Subject matter
Criminal
Provisions referred to
S. 42; Specific Relief Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Citation Name: 2023 YLR 1261 LAHORE-HIGH-COURT-LAHOREBookmark this Case PROVINCE OF THE PUNJAB VS MUHAMMAD KHAN (deceased) Ss. 42 & 54---Suit for declaration and permanent injunction--- Grant of proprietary rights---Scope---Respondent filed a suit for declaration and permanent injunction wherein proprietary rights were claimed against the suit property, based on policy decision, offering land through sale by private treaty, to unauthorized occupants---Respondent alleged that he sought purchase of land under the policy decision but before any such sale was made, rights in land were transferred in favour of Punjab Housing Department---Trial Court dismissed the suit, however, Appellate Court decreed the same---Validity---Respondent had not established that payments were made as per conditions of the policy decision---Mere issuance of policy, when subjected to the fulfillment of terms and conditions, no enforceable right could be claimed---No legal basis was available for filing a suit for declaration, in the absence of any enforceable right---Respondent had filed application for seeking proprietary rights on the same day when the suit was filed---No right qua property was established, which entitled him from seeking decree of declaration in terms of S. 42 of the Specific Relief Act, 1877---Appellate Court had committed gross errors of law and misconstrued the evidence---Revision petition was allowed, judgment and decree passed by Appellate Court was set aside and that of Trial Court was affirmed. Citation Name: 2023 YLR 1261 LAHORE-HIGH-COURT-LAHOREBookmark this Case PROVINCE OF THE PUNJAB VS MUHAMMAD KHAN (deceased) Parties cannot travel beyond the scope of pleadings and even evidence led outside the pleadings has no relevance and value.

Other judgments reported in 2023 YLR

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