2006 YLR 1196 LAHORE-HIGH-COURT-LAHORE

Full text

MUHAMMAD YOUSAF VS KARAM ELAHI Civil Procedure Code --Order VII of C.P.C. Plaint--11 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Specific Relief Act 1877--52 , Specific Relief Act 1877--53 , Specific Relief Act 1877--54 , West Pakistan Land Revenue Act 1967--172 , West Pakistan Land Revenue Rules 1968--RULE , ---S. 172---West Pakistan Land Revenue Rules, 1968, Rr.67-A & 67-B---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2, O. VII, R.11---Specific Relief Act (1 of 1877), Ss. 52, 53 & 54---Suit for permanent injunction---Maintainability--Rejection of plaint---Ownership of land---Question was as to whether jurisdiction of Civil Court was barred---Validity---Revenue Record revealed that defendants were owner of the properly and the same was encroached upon by the plaintiffs---Defendants filed application under Rr. 67-A & 67-B, West Pakistan Land Revenue Rules, 1968 for carrying out demarcation proceedings and eviction of plaintiffs---Plaintiffs filed suit only as a counter-blast, otherwise they could raise their pleas before Revenue Courts---Jurisdiction of Civil Court was barred under 5.172, West Pakistan Land Revenue Act, 1967---Issue that plaintiffs failed to prove their ownership before Civil Court was a separate issue but it was clear that plaintiffs had not approached the Court with clean hands, therefore, they were not entitled to any discretionary relief--Impugned judgment of Appellate Court being not sustainable, was set aside and that of Trial Court was restored by High Court.