MUHAMMAD HUSAIN vs ABDUL RAZZAQ AND Another — 1970 SCMR 506

Citation: 1970 SCMR 506

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-01-08

Parties: MUHAMMAD HUSAIN vs ABDUL RAZZAQ AND Another

Headnotes

Case cited as 1970 SCMR 506

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: MUHAMMAD HUSAIN vs ABDUL RAZZAQ AND Another Case No.:Civil Petition for Special Leave to Appeal No. K-38 of 1969 Civil Revision No. 354 of 1968 Date of Judgment:1970-01-08 Reported As: 1970 SCMR 506 Result: Leave refused Judgment ORDER WAHIDUDDIN AHMAD, J.-This petition for special leave to appeal arises from the order of a learned Single Judge of the High Court of West Pakistan, in Revision Application No. 354 of 1968, decided on the 28th April 1969. The High Court, by this order, has remanded the case to the learned Civil Judge, Mirpurkhas, for decision of the petitioner's case under Order XXXIX, rule 1, C. P. C., after giving full opportunity to the parties to adduce evidence in support of their contentions. The dispute between the parties is in respect of 81.26 acres of land in Deh Phadro Taluka Mirpurkhas. This land belongs to the petitioner. He has developed a garden on this land. His allegation is that his garden is under the threat of complete ruination due to the options of the respondents in functioning a brick kiln on their land nearby. His allegation is that the burning of the brick kiln produces clouds of smoke and also creates an atmosphere very dangerous to the growth of the young plants and the trees in his garden. As the damages likely to be caused could not be measured in money, the petitioner brought a suit for permanent injunction against the respondents…

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