Law:

Section:

Civil Procedure Code (V of 1908) ----O. XXXIX Rr. 1 & 2---Specific Relief Act (I of 1877) S. 42---Temporary injunction, grant of---Suit for declaration in respect of possessory right---Contention of plaintiff was that he was in possession of the suit property as a tenant and sought declaration as to his right to possess suit property---Application of plaintiff under O. XXXIX Rules 1 & 2, C.P.C. for grant of temporary injunction restraining defendant from interfering in possessory rights of plaintiff, was allowed---Subsequently, plaintiff made application under O. XXXIX Rule 2(3), C.P.C. contending that despite the prohibitory order of Trial Court, the defendants had dispossessed the plaintiff---Said application was allowed by Trial Court, and direction was issued to the Collector to hand over possession to plaintiff---Contention of defendants was that the plaintiff was never in possession of suit property and therefore, impugned order was wrong---Validity---Plaintiff during pendency of the suit became dispossessed from the suit property and said fact was taken into consideration by the courts below---Record clearly suggested that possession of plaintiff was disturbed by measures and means not warranted by law; and no other evidence was required to prove the factum of possession and dispossession of plaintiff---Plaintiff had therefore, proved his case regarding possession at the time of institution of suit and then dispossession, therefore, findings of courts below were based on evidence and could not be disturbed---Revision was dismissed. JUDGMENT MEHMOOD MAQBOOL BAJWA, J.---Order dated 17-9-1992 and judgment dated 20-8-1996 recorded by learned civil Court as well as by learned Additional District Judge, Vehari respectively have been called in question by the petitioners whereby the District Collector was directed to hand over the possession of property to the respondent as the same was taken by the petitioners in utter disregard of temporary injunction issued by learned civil Court duly confirmed by the learned appellate Court. 2. Necessary facts resulting in filing of present revision petition are that Atta Muhammad, the present respondent instituted…

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