Law:

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Civil Procedure Code (V of 1908)----O. XXXIX, rr. 1 & 2-Injunction ad interim-Appellants entitled to only a share of property subject-matter of litigation-Interim injunc­tion granted in respect of appellants' specific share, held, justifiably issued-Appellants as result of injunction, could not however be evicted from entire house unless property partitioned-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13. JUDGMENT WAHEHDUDDIN AHMAD, J.-This appeal by special leave is directed against the judgment of the former High Court of West Pakistan, Quetta Circuit, Quetta, dated the 27th April 1967, in Civil Revision No. 8 of 1966. By this judgment.--the revision was accepted and the High Court restored ad interim injunction to the extent of the share of the appellants only i.e., 21/80 share, of the house in dispute. The dispute between the parties is in respect of the house No. 2-3/83, Quetta. It originally belonged to one Muhammad Tufail who died in 1959. The appellants and respondents Nos. 2 to 6 are heirs of Muhammad Tufail. It appears that respondent No. 3 being the eldest son of late Muhammad Tufail started squandering money by leading immoral life and for this reason he incurred heavy debts. Thereafter he coerced respondents Nos. 4 to 6 to execute a special power of attorney in his favour and also respondent No. 2 to execute on her own behalf and on behalf of the appellants as their next friend for mortgaging the said house. Respondent No. 3 succeeded in obtaining the said power of attorney from respondents Nos. 2 and 4 to 6. The appellants at that time were minors and their dates of birth were 4th March 19 6, and 14th January 1947. On the 3rd October 1961, after the death of Muhammad Tufail, Sajjad Haider respondent No. 3, as stated above, obtained a special power of attorney from respondents Nos. 4 to 6 and from respondent No. 2 in her own behalf and as guardian for appellants Nos. 1 and 2 for effecting the mortgage of the property in disput4. On the 28th September 1962, respon­dent No. 3 acting on that power of attorney, executed a deed of mortgage with possession of the property in dispute in favour of Bangul Khan respondent No. 1 for…

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