Saturday, 13 August 2016

school can not pe open in residential colony




2013 MLD 1388 Lahore
Civil Procedure Code (V of 1908)Specific Relief Act (I of 1877) Ss. 42 & 54---Suit for declaration, permanent and mandatory injunction seeking to cancel lease of a private school in a residential area---Temporary injunction was granted by Appellate Court to the plaintiff and the school was restrained from advertising for admissions and running the school---Validity---School was established in a residential area and the building was leased out to the defendant for residential purpose---Establishement of a school was a source of private nuisance for the neighbours---High Court observed that such schools were being run on a commercial basis without having regard to the difficulties being faced by the inhabitants of the vicinity---Order of the Appellate Court warranted no interference---Revision was dismissed

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