THE SPECIFIC RELIEF ACT, 1877
(I OF 1877)
CHAPTER X
OF
PERPETUAL INJUNCTIONS
55.
Mandatory injunction. When to prevent the breach of an obligation, it is
necessary to compel the performance of certain acts which the Court is capable of
enforcing, the Court may, in its discretion, grant an injunction to prevent the
breach complained of, and also to compel performance of the requisite acts. .
Illustrations,
(a) A,
by new buildings, obstructs light to the access and use of which B has acquired
a light under the *[Limitation Act, 1908 (IX of 1908), Part IV. B may obtain an
injunction, not only,to
restrain A from going on with the buildings but also to pull down so much of
them as obstructs B's lights.
*Subs.
by the Federal Laws (Revision and Declaration) Ordinance, XXVII of 1981.
(b) A
builds a house with caves projecting over B's land. B may sue for injunction to
pull down so much of the caves as so project.
(c) In
the case put as illustration (i) to Section 54, the
Court may also under all written communication made by B, as patient to A, as
medical advisor, to be destroyed.
(d) In
the case put as illustration (v) to Section 54, the Court may also under A's
letter to be destroyed.
(e) A
threatens to publish statements concerning B which would be punishable under
Chapter XXI of the Pakistan Penal Code (XLV of 1860). The Court may gram an
injunction to restrain the publication, even though a may be shown not to be
injunctions to B's property.
(f) A
being B's medical advisor, threatens to publish B's written communications with
him, showing the B had led an immoral life. B may obtain an injunction to
restrain the publication.
(g) In
the cases put as illustration (v) and (w) to Section 54, and as illustration
(e) and (f) to this section, the Court may also order the copies produced by
piracy, and the trade-marks, statements and communications therein respectively
mentioned, to be given up or destroyed.