Act/Law wise: Judgment of Supreme Court of Pakistan

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Specific Relief Act, 1877
Section/Order/Article/Rule/Regulation Head Note
Section 39, 42

Suit for Declaration/ Cancellation of Document–The Suit was also not maintainable. A Suit under Section 39 of the Specific Relief Act, 1877 can be filed when an instrument is void or voidable. This instrument Ex.D-1 was neither void nor voidable. The Plaintiff/Respondent No.1, being third party, alleges in the case as pleaded by him that some other lady was produced before the Sub-Registrar instead of his mother, on whose behalf the document was registered. In such circumstances, the appropriate remedy before the Plaintiff/Respondent No.1 was in the form of a Suit for Declaration. Therefore, a Suit should have been filed for Declaration and in the declaration, when possession admittedly had been transferred to the Appellant, who had also constructed multi-purposes buildings in accordance with the waqfnama, the Suit should have been for Possession also. The instant Suit was therefore incompetent. … Anjuman-e-Khuddam-ul-Qur’an =VS= Lt. Col (R) Najam Hameed, (Civil), 2020 (1) [8 LM (SC) 27] ....View Full Judgment