Declaratory Relief
Declaratory Relief legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Owners of land admitted by petitioners themselves to have permitted them to occupy and enjoy usufruct of land while away most of time-Gift having not been established possession of petitioners over land only permissive qua owner-Merely because of petitioners being recorded in cultivation column or in Khasra Girdawari as being in possession as Hissedar such fact cannot amount to assertion of hostile title as against co-sharers or owners-Entries in Revenue records -Not by themselves sufficient to establish adverse possession-Adverse possession, held, constituted when very nature of possession and act- of person claiming adverse possession clearly establishes allegation of title and interest hostile and adverse to owner continuously and uninterruptedly.
Declaratory relief-Discretion of Court in grant of-Appellate Court would be reluctant to interfere unless lower Court failed to give proper weight to considerations decisive in determining whether or not to. grant such relief or failed to consider propriety of such grant.
"Declaratory Relief", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/14977
Precedents & Case Laws citing "Declaratory Relief"
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JOSEPH KLEIN and others-Appellants Versus ELIAHU (LEO) HEIMAN and others-Respondents
Court:1991 M L D 1594
Mst. SAHAR BEGUM — Appellant Versus SALAHUDDIN — Respondent
Court: Karachi1987 M L D 2076
DIN MUHAMMAD through Legal Heirs — Applicant Versus UMAR DIN alias KAKU through Legal Heirs — Respondent
Court: Karachi1982 C L C 9
RASHID AHMAD‑Petitioner Versus HAQ NAWAZ AND OTHERS‑Respondent
Court: Lahore1982 CLC 61
MUHAMMAD HUSSAIN ETC. Petitioners Versus SHAHAB DIN ETC.‑Respondents
Court: Lahore198 M L D 1744
WAHID AKHTAR KYANI‑‑Applicant Versus HOLY FAMILY HOSPITAL SOCIETY Respondent
Court: Karachi1985 S C M R 2074
SHAFIUR REHMAN KHAN‑‑Petitioner Versus PUNJAB INDUSTRIAL DEVELOPMENT BOARD and others‑‑Respondents
Court: High Court1988 S C M R 1320
S. AZHAR HUSSAIN SHAH and others — Appellants Versus MUHAMMAD ARSHAD and others — Respondents
Court: High Court1980 S C M R 831
Chaudhri MUHAMMAD IBRAHIM HALEEM CHISHTI Petitioner Versus PAKISTAN COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH
Court: -- Art. 185(3)-Leave to appeal-Central Service Tribunal expressly rejecting petitioner's claim regarding his being a civil servant-Order of Tribunal not challenged in petition before Supreme Court-Order having become final, petitioner, held, could not contend to have been a civil servant and entitled to protection of rules regulating service and employment of civil servants-Government Servants (Efficiency and Discipline) Rules, 1975.-Civil service.P L D 1965 Dacca 439
DAIBAKILAL BASAK‑Petitioner Versus IQBAL AHMED QURAISHI AND ANOTHER‑Opposite‑Parties
Court: S. 39‑Suit for mere declaration that document is void ab initio and of no legal effect‑Court while granting declaration not bound also to order cancellation of document unless such further relief specifically prayed for by plaintiff‑Plaintiff to pay ad valorem court fees for relief of cancellation which is consequential relief within meaning of S. 7 (iv) (c), Court‑Fees Act (VII of 1870). pp. 443, 450, 452, 458A, B, D, E & F