Law: Specific Relief Act, 1877

Section: 42,54

Law: Civil Procedure Code (V of 1908)

Section: 1,2

Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Suit for declaration and permanent injunction---Cooperative Housing Society---Allotment of amenity plot for establishment of a girls high school---Terms and conditions of allotment---Subsequent lease of said plot---Applicability of conditions of allotment to the said lease---Temporary injunction, grant of---Plot in question was allotted and not sold or auctioned to the defendants---Said allotment was on cost to cost basis and only development charges were recovered---Allotment of plot in question was made for the betterment of area residents including establishment of a girls high school---Parties could not be allowed to change the conditions and understand-ing executed between them---Conditions attached to allotment were tool for safeguarding the interest and well-being of the residents of Housing Society---Purpose of incorporating conditions in allotment was to enable the Housing Society to take appropriate actions in accordance with law for any breach of such conditions if committed---If allotment had some restrictions then subsequent lease deed could not be read in isolation viz-a-viz the allotment---Allotment conditions were in conformity with the main agreement as well as sub-lease---Said conditions could neither be ignored nor it could be said that same were not applicable to the subsequent lease---Plaintiffs had made out a prima facie case and balance of convenience was in their favour---Plaintiffs would suffer irreparable loss if injunctive relief was refused---Application for grant of temporary injunction was allowed in circumstances. Subedar Manzoor Hussain (deceased) Through LRs. v. Mst. Mehmooda Begum (deceased) through LRs., PLJ 2004 SC 439; Morris Tanvir v. Federation of Pakistan through Secretary Ministry of Defence, Islamabad and 2 others 2009 CLC 1199; Province of Sindh through Chief Secretary and 8 others v. Syed Kabir Bokhari 2016 SCMR 101 and American International School System v. Mian Muhammad Ramzan and others 2015 SCMR 1449 rel. THIS ORDER PASSED BY: MUHAMMAD JUNAID GHAFFAR, JUSTICE:---.--- This is a Suit for Declaration,…

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