Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,Rr.1,2

Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1 & 2---Suit for declaration---Interim injunction, grant of---Scope---Plaintiff claiming to be in possession of the suit property had sought an injunction for restraining the defendants from dispossessing him---Defendant argued that the plaintiff had approached the court with unclean hands, however, there was no allegation of any suppression of material facts---Issue of usage of suit property and whether proper sanction for construction was obtained was not the essential point for consideration within the ambit and purview of the suit---As to a prima facie case, defendants had not asserted that the grant in respect of the suit property to which the plaintiff claimed, had been cancelled or resumed---Documents placed on record by the defendant reflected that actual allocation to the defendant was not to the extent of land, as was claimed by it---Triable issues had arisen for determination as to the rights of the contesting parties, which required evidence---Prima facie case of title and possession had been made out and the balance of convenience was in favour of the plaintiff---Application for grant of interim injunction was allowed to the extent that the defendants were restrained from dispossessing the plaintiff from the disputed land or blocking his right of ingress and egress until final determination of the suit. THIS ORDER PASSED BY: YOUSUF ALI SAYEED, JUSTICE:---.--- The Plaintiff professes to be the owner in possession of 5 acres of land in Na Class No. 90, Deh Khanto, Tappo Landi, District Malir, Main National Highway, Karachi, on the basis of title said to have been acquired through a registered Sale Deed dated 15.10.2005 from one Sardar Ahmed, son of Abdul Qadir, with his name having then been entered in the record of rights. 2. The land in question apparently borders the District Jail Malir on its southern side, and the Plaintiff's claim to title and right to possession have been impugned and resisted by functionaries of the Prisons Department (the "Department") on the basis that the land is a part of 100 acres that had earlier been allotted to the Department for establishment of a Borstal…

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