MUHAMMAD AHMED vs MUHAMMAD ISMAIL Ss — 2024 MLD 594 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD AHMED VS MUHAMMAD ISMAIL Ss. 12, 9, 39 & 54---Suit for possession, damages and mesne profits---Scope---Plaintiff filed a suit for possession, damages and mesne profits alleging therein that defendants came with false claim that plaintiff had gifted suit property to his mother and on basis of such false claim defendants filed suit; plaintiff filed his written statement therein which however was dismissed---Plaintiff claimed that defendants were residing in suit property since its construction under permission and licence of plaintiff which was revoked on filing of suit by the defendants---Plaintiff claimed to have suffered losses and mental agony due to filing of suit against him by defendants hence plaintiff claimed that defendants were liable to pay mesne profit and give possession with amount of damages---Validity---Record showed that suit of defendants though was dismissed but, the plaintiff admitted that it was restored to its original position---Moment the suit of defendants was restored to its position the root (cause of action) of the suit of the plaintiff lost its place thereby brining superstructure to ground---For a relief of damages for frivolous cases one would be required to prove co-existence of three essentials i.e. initiation of litigation; it being causeless and mala fide; and it should have been ended in favour of plaintiff---Restoration of dismissed suit was sufficient to wash away all claims regarding said three essentials which might be alleged/pleaded in a suit, even which has been dismissed for non-prosecution---Relief of the possession and mesne profit was subject to determination of the suit of defendants particularly when in said suit defendants (plaintiffs in that suit) claimed possession under inheritance---Thus, the plaintiff could not legally sustain a claim for such reliefs till a proper time nor plaintiff could legally file a suit the cause of action for which had ceased---Suit of the plaintiff was not sustainable and was dismissed accordingly.

MUHAMMAD AHMED vs MUHAMMAD ISMAIL Ss — 2024 MLD 594 KARACHI-HIGH-COURT-SINDH

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