Law: Civil Procedure Code (V of 1908)

Section: 1,2

Keywords: Result: Civil Revision Petition Dismissed MIANGUL HASSAN AURANGZEB, J:- Through the instant Civil Revision Petition, the petitioner, Ch. Ahmad Nadeem, has impugned the Order dated 23.02.2016, passed by the Court of learned Additional District Judge-West, Islamabad (West), whereby respondent No.1's appeal against the Order dated 16.02.2016, passed by the Court of learned Civil Judge 1st Class-West, Islamabad, was allowed. Vide the said Order dated 16.02.2016, the learned Civil Court allowed the petitioner's application for temporary injunction under Order XXXIX, Rules 1 2 of the Code of Civil Procedure, 1908 ("CPC"), which was filed along with the petitioner's suit for declaration, permanent mandatory injunction etc. 2. The facts essential for the disposal of the instant revision petition are that on 22.02.2013, the petitioner and respondent No.2 entered into a Commercial License Agreement ("the Agreement") whereunder Kiosk No.K-1, Ground Floor, Safa Gold Mall, Plot No.5, Sector F-7, Islamabad, measuring 49 sq. feet ("the Kiosk") was occupied by the petitioner as a licensee. At the Kiosk, the petitioner established a shop under the name style of "The Necklace". The said Agreement had a validity period of ten years and the petitioner was to sell fashion accessories at the Kiosk. The license fee was agreed to be 12% of the net sales verified, calculated, assessed and determined by an auditor in accordance with the said Agreement. It appears that disputes developed between the petitioner and respondent No.2 which caused respondent No.2 to issue termination notice dated 19.03.2015 to the petitioner. On 05.06.2015, respondent No.2 filed an eviction petition under Section 17 (2) of the Islamabad Rent Restriction Ordinance, 2001 ("IRRO") before the Court of learned Rent Controller, Islamabad. The petitioner resisted this petition by filing a reply. On 05.01.2016, respondent No.2 withdrew the said petition. Apparently after this, the respondents restrained the petitioner from having access to the Kiosk. This caused the petitioner to file a suit for declaration, mandatory permanent injunction etc., before the Court of learned Civil Judge, Islamabad. Along with…