Law:

Section:

Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Suit for possession through pre-emption---Application for grant of temporary injunction---Scope---Defendant a bona fide purchaser, was not transferring suit land but he was making construction at his own risk and cost---No inconvenience would be caused to the plaintiff if he succeeded in the case as defendant was not claiming compensation from him---No improvement could be sought by vendee when any construction was made after filing of the suit for pre-emption---Defendant was bona fide purchaser and had every right to utilize the property in question until and unless a decree had been passed against him---To prohibit lawful owner was against the constitutional guarantee provided under the fundamental rights---Revision was dismissed in limine. ORDER MALIK MANZOOR HUSSAIN, J.---Brief facts giving rise to the instant petition are that the petitioner filed a suit for possession through pre-emption in respect of property transferred through Mutation No.3811 dated 29-11-2012. With the plaint an application was also filed for temporary injunction. The suit was resisted by filing written statement and after receipt of reply and hearing arguments, the learned trial Court dismissed the application for temporary injunction vide order dated 11-4-2013. Appeal filed was also dismissed through order dated 22-5-2013. Hence, the instant revision petition. 2. Learned counsel for petitioner argued that the petitioner had an arguable case and due to construction carried out by the respondent/vendee, the nature of land would be changed and the petitioner would suffer irreparable loss. He further argued that in pre-emption matters temporary injunction can validly be granted and reliance has been placed on "Muhammad Hussain v. Muhammad" PLD 2010 SC 803 and "Mst. Nazir Begum and others v. Muhammad Tahir and others" 2005 CLC P-925. 3. Both the learned Courts below have declined the relief of temporary injunction to the petitioner on the ground that the rights of petitioner are protected under…

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