| Citation(s) |
|---|
| 2015 SLG 1109 2015 SLD 1109 2015 PLJ 442 |
Lahore High Court
Civil Revision No. 160 of 2014, decision & hearing Dated: 22.01.2015.
MAHMOOD AHMAD BHATTI, JUSTICE
Mian Muhammad Aslam Pervaz, Advocate for Petitioner.
Civil Revision No. 160 of 2014, decision & hearing Dated: 22.01.2015.
MAHMOOD AHMAD BHATTI, JUSTICE
Mian Muhammad Aslam Pervaz, Advocate for Petitioner.
ARSHAD MEHMOOD
VS
MUHAMMAD YAQOOB ETC.
Law:
Section:
Civil Procedure Code, 1908 (V of 1908)-- ----O. XXXIX, Rr. 1 & 2--Transfer of Property Act, 1882, Ss. 41 & 52--Suit for declaration along with perpetual injunction--Dismissal of application for grant of injunction--Power of attorney was registered to make alienation of property--Bona fides of claim--Doctrine of lis pendens--Discretionary jurisdiction--Validity--From tentative assessment of material placed on record, petitioner/plaintiff has not been able to make out a prima facie case for grant of temporary injunction--Neither balance of convenience lies in his favour nor he is likely to suffer irreparable loss in event of non-granting of temporary injunction--Doctrine of lis pendens embodied in Section 52 of Transfer of Property Act, 1882 is there to safeguard rights and interests--Petition was dismissed. THIS ORDER PASSED BY: MAHMOOD AHMAD BHATTI, JUSTICE---.--- This revision petition is directed against the orders dated 28.06.2012 and 22.09.2014 passed by the learned Civil Judge, Kamalia and an Additional District Judge, Kamalia, camp at Pir Mahal, District Toba Tek Singh, respectively whereby an application moved by the petitioner for the grant of temporary injunction in a suit for declaration was turned down and an appeal preferred there against was dismissed as well. 2. The petitioner instituted a suit for declaration along with perpetual injunction, contending that he is owner of land measuring 6 Marlas99 square feet, comprising Khewat No. 1452, Ihata No. 1592/93, situated in Upper Colony, Pir Mahal, Tehsil Kamalia, District Toba Tek Singh and that he constructed a house thereon. It is further averred in the plaint that Muhammad Yaqoob, Defendant/Respondent No. 1 is related to him, who, in collusion with Defendant/Respondent No. 2 got prepared a fake, forged and fabricated power of attorney, and got registered it in the office of Sub Registrar concerned on 11.07.2007. On the strength of the aforesaid power of attorney, a registered sale-deed No. 410 dated 21.07.2007 followed by a Mutation No. 10411 dated 31.08.2014 were executed and attested in favour of Mukhtar Ahmed, Defendant/Respondent No. 2. The aforesaid three documents were challenged on…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492