Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. XL, R.1---Specific Relief Act (I of 1877), S.12---Suit for specific performance of agreement---Plaintiff was in use of property in dispute since 2006 and had filed suit for specific performance of agreement and permanent injunction on the ground that defendant had failed to execute sale-deed---Defendant filed application under 0.XL, R.1, C.P.C. for the appointment of Receiver in respect of the disputed property---Trial Court allowed application and appointed Receiver with direction to the Receiver to maintain all accounts of the money under proper intimation to the court---Plaintiff filed appeal which was allowed by the appellate court and application for appointment of Receiver was dismissed---Validity---Disputed property was in use of the plaintiff since 2006 and it would not just and convenient to dispossess plaintiff from the property on the ground of some unfounded, unproven facts and mainly on the basis of some vague allegations---No material was brought on record for proving the allegations levelled by the defendant to substantiate his averments---Defendant had failed to establish that the disputed property, which was given by him to the plaintiff after the sale agreement, was in any danger of being dissipated, wasted or there was strong apprehension of manifest peril to the said property except by levelling allegation that some trees were being cut or the plaintiff was constructing a children playground on the disputed property of which neither any evidence nor any material was produced either before the Trial Court or before High Court---High Court dismissed petition and observed that the suit between the parties was pending adjudication and while deciding the same the Trial Court would not be influenced by the present order and would pass an independent order keeping in view the facts and circumstances of the case on merits. 2004 MLD 1624; 1993 CLC 1606; 1988 CLC 1567 and PLD 2004 Kar. 269. ref. (b) Civil Procedure Code (V of 1908)--- ----O. XL, R.1---Receiver, appointment of---Object---Receiver was generally appointed to preserve the subject matter of litigation which was pending adjudication till the…

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