Syed AZIZUDDIN vs ISLAMUDDIN — 1971 PLD 701

Citation: 1971 PLD 701

Court: Sindh High Court

Year: 1971

Decision Date: 1971-05-18

Parties: Syed AZIZUDDIN vs ISLAMUDDIN

Headnotes

Case cited as PLD 1971 Karachi 701

Judgment Text

Court Name: Sindh High Court Judge(s): Durab Patel Title: Syed AZIZUDDIN vs ISLAMUDDIN Case No.: Civil Revision No, 129 of 1970 Date of Judgment:1971-05-18 Reported As: PLD 1971 Karachi 701 Result: Petitions dismissed JUDGMENT JUDGMENT The applicant is living in Mahmoodabad on a house constructed by him in 1958. In 197J, 12 years after he had completed the construction of his house, the respondent, who was occupying an adjoining plot, started constructing a wall. As, according to the applicant, that wall interfered with his right of "anobstructed passage of light and air", he has filed a suit in the Court of the Third Civil Judge, Karachi for a declaration that he is entitled "to (the) free and peaceful enjoyment of easements, including light and air" of his property, and for a permanent injunction to restrain the respondent from raising his wall or interfering in any other way with his easements of light and air. Together with the suit, he had filed an application for an interim injunction to restrain the respondent from interfering with his rights. The respondent opposed this application and pointed out that both he and the applicant were unauthorised squatters on Government land. As a corollary of this statement, he further admitted that he had not obtained municipal approval for the construction of the wall he was trying to raise. The learned Civil Judge held that the respondent's construction was illegal because it was without the K. M. C.'s approval, therefore he…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.