Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,Rr.1,2

Law: Specific Relief Act, 1877

Section: 42,54

Civil Procedure Code (V of 1908)--- ----O.XXXIX, Rr. 1 & 2---Specific Relief Act (I of 1877), Ss.42 & 54---Suit for declaration and injunction---Appeal for vacation of Interim injunction, dismissal of---Restraining of construction---Plaintiff claimed that lease of land in question was in his favour which was cancelled by authorities and land was allotted to defendants---Judge in Chambers of High Court granted interim injunction, restraining defendants from raising construction over the land in question---Plea raised by defendants was that they had completed about 90% of construction over land in question---Validity---About 70 shops had been built over land in question and those were without plaster, flooring, doors and windows---Most of the shops were without shutters and intervening walls---Plea of defendant that 90% of the construction had been completed was presumptive in such circumstances and even if it had been completed to the extent of 90%, then if a shop was let out, a third party interest would be created therein---Division Bench of High Court declined to interfere in interim injunction passed by Judge in Chambers of High Court---Appeal was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: SHAHID ANWAR BAJWA, JUSTICE:---.--- A suit for Declaration, Cancellation and Permanent Injunction was filed by the present respondent No.1 (hereinafter referred to as the plaintiff) against various official respondents and present appellants (hereinafter referred to as the defendant). In the plaint of suit it was stated that leasehold rights in respect of land measuring 5 acres from N.C. No.92 situated in Deh Mochko, Keamari Town, Karachi were subject of the suit. had given power of attorney to one Ashiq Hussain in respect of suit property who has filed the suit. It was stated that plaintiff acquired property by way of transfer of leasehold rights for 30 years commencing from 1983/84 granted by District Revenue Officer. Consequently, Ijazatnama was issued in favour of plaintiff and plaintiff paid requisite money. Vacant physical possession was delivered to the plaintiff and the plaintiff renovated poultry sheds. Thereafter plaintiff moved application…

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