Case Details

Citation(s)
2012 SLG 2360 2012 SLD 2360 2012 YLR 1430
Peshawar High Court
Civil Revision No. 579 and C.Ms. Nos. 390 and 391 of 2011, decided on 23rd January, 2012
QAISER RASHID KHAN, J
Hashmatur Rehman for Petitioner. Muhammad Anwar Awan for
Respondent

Mst. RUBINA BIBI

VS

QAIM UD DIN

Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.XXXIX, Rr. 1 & 2 & S.115---Specific Relief Act (I of 1877) Ss. 42, 12 & 54---Suit for declaration---Specific performance of agreement to sell immovable property and perpetual injunction---Temporary injunction, grant of---Condition precedent---Plaintiff's application for temporary injunction for restraining the defendant from interfering in and alienating the suit-land, was allowed by the Trial Court, but said order of Trial Court was set aside by the Appellate Court---Validity---Plaintiff had filed revision petition without furnishing the entire record of the Trial Court in disregard to the explicit language of S. 115 of the C.P.C.---Agreement as well as written statement filed by the defendant were not placed on the record by the plaintiff---Plaintiff had contended that she became owner of the suit-land on execution of agreement and payment of advance money, however, two different figures had been shown to be the said advance payment, in the heading and in the main body of the plaintiff's plaint---Plaintiff had not furnished the monthly payment receipts with the main suit and the defendant had outrightly denied receiving the alleged payment from the plaintiff---First condition precedent for grant of interim relief, that was, prima facie case, was missing from the plaintiff's case---Balance of convenience and irreparable loss, were the direct consequence of the first ingredient (prima facie case)---Revision was dismissed in circumstances. JUDGMENT QAISER RASHID KHAN, J.---Through this revision petition, petitioners have impugned the judgment/order dated 9-7-2011 passed by the learned Additional District Judge-VI, D.I.Khan vide which the appeal of the respondent was accepted and the judgment/order passed by learned Civil Judge-XV, D.I.Khan dated 18-4-2011 vide which the temporary injunction application of the petitioner was accepted, was set aside. 2. The precise facts of the instant revision petition are that petitioner/plaintiff filed a suit for declaration-cum-perpetual injunction and specific performance of agreement against the respondent/defendant to the effect that agreement for the purpose of plot,…
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