1982 PLP 1160 (CLC)

Suit No. 36 of 1979, decided on 22nd December, 1981. . ‑‑ S: 42‑Suit for declaration and permanent injunction‑Defendants not appearing in spite of service‑Averment in plaint made in full detail and verified on oath‑Lease deed and photographs illustrating location annexed with plaint‑Plaintiff having been able to make out a case --Suit decreed in circumstances of case.‑[Decree]. Mansoor Ahmed Khan for Plaintiffs. Date of hearing : 10th December, 1981. This suit for declaration and permanent injunction has been filed by the plaintiff against the defendants. The Plaintiff is the tenants of the defendants in respect of the premises bearing Plot No. 2‑D, Phase IV, Gizri Boulevard, Defence Officers Co‑operative Housing Society, Karachi measuring 580 Sq. Yds. with an additional area of 240 Sq. Yds. The plot is bounded on the north 40' wide Gizri Boulevard on the south 20' wide lane, on the east Plot No. 4/D and on the west park. The plaintiff has averred that the premises was leased out for commercial purpose and with the knowledge and consent of the defendants it has erected neon sign board on the frontal and western elevations. The grievance of the plaintiff is that on the western side the defendants are raising construction which will block the window and the sign board. It has further been alleged that the defendants have no right to encroach upon the land which is part and parcel of the demised premises. The defendants in spite of service have not appeared. I have perused the plaint in which the averments have been made in full detail and a copy of the lease deed has also been annexed together with 6 photographs illustrating the location of building as well as the alleged encroachment which is being attempted by the defendants. 'The plaint is verified on oath and as the plaintiff has been able to make out a case for declaration and injunction in respect of the premises bearing No. 2‑D, Gizri Boulevard, phase IV, admeasur ing 580 square yards. Defence Officers Co‑operative Housing Society, Karachi, it is entitled to the relief claimed in that respect. From the lease deed it is clear that on the western side there is a park and therefore, the boundary of the demised premises shall extend upto the point from where the park starts. Consequently no construction can be made on the western side which accord ing to the lease is to remain open and is in the use of the plaintiff. In the circumstances declaration is granted in favour of the plaintiff that till the termination of the lease deed the plaintiff is entitled to the use of construction, building and premises attached to it which has been described in the lease deed and paragraph 3 of the plaint and hold and possess the same uninterrup ted and without obstruction except in due course of law. The defendants are restrained from raising any construction on the demised premises during the continuance of the tenancy of the plaintiff or to raise any construction on the western side in such a way as to obstruct the neon sign board of the plaintiff. The suit is decreed in these terms with no order as to costs. M Y M Suit decreed.