PRODUCTION ENGINEER PPL, I/C, KANDHKOT vs AZIZULLAH S — 2024 PLD 259 KARACHI-HIGH-COURT-SINDH

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PRODUCTION ENGINEER PPL, I/C, KANDHKOT VS AZIZULLAH S. 10(2)---Limitation Act (IX of 1908), S. 23---Civil Procedure Code (V of 1908), O. VII, R. 11---Arbitration Act (X of 1940), S.4---Specific Relief Act (I of 1877), Ss. 42 & 54---Second appeal---Suit for declaration and injunction---Judgments at variance---Continuing cause of action---Acquisition of land---Compensation, right of grantee---Appellants/authorities installed a well for public welfare in land granted to respondent/plaintiff in accordance with law---Respondent/ plaintiff was aggrieved of non-payment of compensation to him and suit filed by him was dismissed by Trial Court but Lower Appellate Court decreed the same---Validity---In case of continuing breach of a contract and case of an ongoing wrong independent of the contract, a fresh period of limitation begins to run at every moment of the time during which breach or wrong, as the case may be, continues---Respondent/plaintiff was entitled to receive compensation in the event of land acquired for public purposes---Land was granted to appellants/authorities for installation of a well which was inherently a public purpose---Trial Court failed to appreciate legal and factual aspects of the same and dismissed the suit of respondent/plaintiff---Lower Appellate Court after discussing facts as well as evidence of parties, including additional evidence, through a well-reasoned judgment rightly decreed the suit of respondent/plaintiff who was a lawful grantee in respect of suit land---Lower Appellate Court did not commit any illegality as the respondent/plaintiff was entitled to compensation---Where there were conflicting verdicts, decision made by Lower Appellate Court should be accorded greater deference and esteem unless it was demonstrated from available documentation that such determination lacked substantiation from evidentiary support---High Court declined to interfere in judgment and decree passed by Lower Appellate Court---Second appeal was dismissed, in circumstances.

PRODUCTION ENGINEER PPL, I/C, KANDHKOT vs AZIZULLAH S — 2024 PLD 259 KARACHI-HIGH-COURT-SINDH

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