Law: Specific Relief Act, 1877

Section: 9,42

Law: Specific Relief Act, 1877

Section: 9,42

Law: Registration Act, 1908

Section: 17

Specific Relief Act (I of 1877)-------Ss. 9 & 42---Registration Act (XVI of 1908), S.17---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Suit for possession and declaration---Interim injunction, grant of---Unregistered document---Scope---Plaintiffs claimed to be owners of suit property on the basis of two unregistered agreement deeds---Validity---Plaintiffs failed to establish existence of prima facie case in their favour---Unregistered document which under the provisions of Registration Act, 1908, was required to be registered, could not confer title on a party to immovable property---Question of maintainability of declaratory suit was also yet to be determined---Case of plaintiffs was without essential ingredients for grant of temporary injunction and High Court declined to take any exception to the well-reasoned orders of two Courts below---Revision was dismissed in circumstances. H. Muhammad Zahir Shah for Petitioners. Nasir Mahmood for Respondents. Date of hearing: 25th April, 2011. JUDGMENT MAZHAR ALAM KHAN MIANKHEL, J.--- Impugned herein are the concurrent findings of the two courts below, whereby the application of petitioners for grant of temporary injunction was dismissed. Hence present revision. 2. The petitioners brought a suit against the respondents for declaration that they are owners in possession of the suit property on the basis of agreement deeds dated 10-9-2003 and 13-4-2006. The petitioners along with the suit, also filed an application for temporary injunction thereby asked for restraining the respondents not to transfer/alienate the suit property through certain mutations pending for attestation of the Revenue Officer. The application was contested by the respondents. The learned trial Court dismissed the same and the appeal of petitioners was also dismissed by the appellate Court. 3. The petitioners and respondents both have filed C.Ms. Nos.576 of 2001 and 556 of 2011 respectively, for placing on record the annexed documents as part and parcel of the record of instant petition. The documents annexed therewith relate to a litigation taken place between one Gul Shahbaz and the respondents herein with regard to the same…

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