Law: Civil Procedure Code (V of 1908)

Section: 91,O.XXXIX,R.1,2

Law: Qanun-e-Shahadat (10 of 1984)

Section: 117,120

Law: Karachi Building and Town Planning Regulations, 2002

Section: 18

(a) Civil Procedure Code (V of 1908)--- ----O.XXXIX, Rr.1 & 2---Karachi Building and Town Planning Regulations, 2002, Rgln. 18---Suit for declaration and injunction---Interim injunction, grant of---Nuisance---Plaintiff was aggrieved of running a private school by defendant in a residential property situated in the neighborhood of plaintiff---Plea raised by defendant was that usage of premises for educational purposes was not a commercial activity and it was permitted under Bye-laws of the Cantonment Board---Validity---College was being run on commercial basis which was stated in tenancy agreement---Business was not being run for imparting education and it was a commercial activity per se---Element of rendering service though was involved but rendering of education in such manner was purely commercial and business oriented---Defendant had not claimed the organization to be charitable or for that matter any subsidized or free education was being imparted for residents of the area and other students---Usage of premises was for commercial activity and was purely a commercial venture which was being run to make profits---Suit property was not converted either under Karachi Building and Town Planning Regulations, 2002 or under Cantonment Bye-laws, for commercial purposes and it remained a residential house---Neither formalities and procedures as provided under Karachi Building and Town Planning Regulations, 2002, were observed nor any such procedure under Cantonment Bye-laws had been adhered to---Plaintiff had made out a prima facie case, whereas balance of convenience was also in its favour and so also causing irreparable loss---Interim injunction was granted in circumstances. Mst. Yawar Azhar Waheed through L.Rs. v. Khalid Hussain and others 2018 SCMR 76; Dr. Shahzad Alam and 2 others v. Beacon Light Academy and 5 others 2011 CLC 1866; Islamuddin and others v. Ghulam Muhammad and others PLD 2004 SC 633; Muhammad Ilyas Hussain v. Cantonment Board, Rawalpindi PLD 1976 SC 785; Messrs Shaheen Service Station v. City District Government, Karachi and others 2005 YLR 1895; Hussain Bux Memon v. Karachi Building Control Authority 2015 YLR 2448; Muhammad Ali Barry v.…

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