Law: Civil Procedure Code (V of 1908)

Section: 1,2

Civil Procedure Code (V of 1908)--- ----O.XXXIX, Rr.1 2---Interim injunction---Prima facie case---Preconditions---Interim injunction, refusal of---Concurrent findings of facts by two Courts below---Petitioners/plaintiffs claimed to be tenants in shops in question and claimed that respondents/defendants had no right to dispossess them---Both the Courts below concurrently declined to grant interim injunction against respondents/defendants---Validity---For grant of temporary injunction, it was sine qua non for petitioners/plaintiffs to have on record a prima facie case regarding balance of convenience and irreparable loss with co-existence such ingredients in their favour---Mala fide attributed to respondents / defendants required evidence---Case standing in need of evidence required to be established was not a prima facie case for the purpose of grant of temporary injunction--- Petitioners/plaintiffs were in possession of disputed property for more than three decades, which signified dilapidated condition of building and the same further led to conclusion that balance of convenience and irreparable loss was tilting in favour of respondents/defendants--- Concurrent findings of Courts below could only be set aside if the same were result of misreading, non-reading of evidence or any irregularity or patent illegality committed by Courts below---Revision was dismissed, in circumstances. 1987 CLC 2416; Allah Bakhsh and others v. Province of Punjab and others 2002 SCMR 2002 and Mst. Zaitoon Begum v. Nazar Hussain 2014 SCMR 1469 rel. JUDGMENT MUHAMMAD NAEEM ANWAR, J.---- Through this single judgment, I intend to decide the instant petition titled mentioned above, as well as the following four connected petitions, as common questions of law and facts are involved in all these five petitions:- 1. Civil Revision No.1045-P/2019 titled Mohabbat Khan and others v. Government of Khyber Pakhtunkhwa through Secretary Local Government, Peshawar and others. 2. Civil Revision No.1054-P/2019 titled Muhammad Khan and others v. Government of Khyber Pakhtunkhwa through Secretary Local Government, Peshawar and others. 3. Civil Revision No.1055-P/2019 titled Syed Amjid Jamal and another…

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