Basham Baloch vs Province of Sindh through Chief Secretary Ss — 2026 MLD 615 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2026 MLD 615 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2026
Reporter: MLD
Parties: Basham Baloch vs Province of Sindh through Chief Secretary Ss
Subject matter: Civil
Provisions referred to: S. 42; Civil Procedure Code (V of 1908)

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

Basham Baloch VS Province of Sindh through Chief Secretary Ss. 2 & 4---Civil Procedure Code (V of 1908), O.VII, R.11---Specific Relief act (I of 1877), Ss. 42 & 54---Declaration and injunction--- Rejecting of plaintiff--- appellants / plaintiffs sought declaration to the effect that they were tenants / Hari of suit land, owned by Provincial Government and they were entitled to execution of 99 years lease in their favour--- Trial Court rejected the suit as the same was barred under law--- Validity--- It is not always that scope of S.42 of Specific Relief act, 1877 is seen dependent on a trial--- Legal character that appellants / plaintiffs brought forward through High Court in respect of land and their entitlement and claimed relief would explicitly show that it was alien to the subject law i.e. Sind Tenancy act, 1950--- If scope of suit and relief claimed was beyond comprehension of law then it was nothing but a misuse of process of Court and should be buried--- appellants / plaintiffs had no right or legal status / character over suit land--- There was no value in prolonging subject suit as plaintiffs / appellants neither had a cause to continue subject leases nor any inherent legal character attached to subject of suit--- Division Bench of High Court declined to interfere in the judgment passed by Trial Court rejecting the suit--- Intra Court appeal was dismissed in circumstances.

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