Case Details

Citation(s)
1976 SLG 257 1976 SLD 257 1976 SCMR 291
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 10-R of 1976, decision dated: 5th March 1976
SALAHUDDIN AHMED AND MUHAMMAD AFZAL CHEEMA, JJ
Ch. Fazle Haq, Advocate and Muhammd Aft al Siddiqi, Advocate-on-Record for Petitioner. Nemo for
Respondents

Mst. FEROZ BEGUM

VS

Mst. AMTUL FAROOQ

Law:

Section:

Civil Procedure Code (V of 1908)---- -----O. XXXIX, r. 1-Injunction, temporary-Registered sale deed in respect of disputed house purporting to show transfer of house in respondent's favour-Document, held, good enough to justify inference of a prima facie case in respondent's favour-Document could not be lost sight of merely on account of its being challenged as genuine-Finding required to be given at stage of issue of temporary injunction-Merely tentative in nature. ORDER MUHAMMAD AFZAL CHEEMA, .J.----The petitioner and the respondent who are widows of Raja Muhammad Afzal alias Raja Kalu Khan deceased, are litigating over the possession of House No. 73;9, B-Block, Gujar Khan. The petitioner's suit for declaration that she is in possession of the house as a co-sharer is pending before the Civil Judge, who rejected her application for temporary injunction. She succeeded before the District Judge in appeal but the learned Judge in High Court accepted the revision filed by the respondent. Feeling aggrieved by the re-call of the temporary injunction, ride order dated 19-I1-1975, she has moved this petition for special leave to appeal. Apparently…
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