Law:

Section:

Civil Procedure Code (V of 1908)--- -- O. XXXIX, rr. 1 & 2-Injunction, temporary-No express finding given by Courts below as to irreparable injury likely to issue to petitioner in case of refusal of interim injunction-High Court in restoring order of trial Judge and refusing to issue interlocutory injunction not exercising its discretion arbitrarily and its order proceeding on sound reasons-Case, held, not fit for interference [injunction]. JUDGMENT MUHAMMAD GUL, J.--This petition is from the order of a learned Single Judge of the Lahore High Court in Civil Revision No. 65 of 1973. refusing interlocutory injunction to the petitioner herein, in a suit filed by him for declaration for certain rights in respect of a residential tenement. The petitioner herein, is a transferee of a residential tenement on the first floor of a two storied property bearing No. S-2-45-46-47, Block No. 1, Sargodha, which was once evacuee property and in possession of several persons including the petitioner herein. On the petitioner's form he was transferred the residential tenement in his possession, while Abdul Latif respondent No. 1 herein, was transferred shop on the ground floor of the building, indicated in the plan on the file as ABIJ. The transfer of "roof of the shop" has. however, been subject-matter of contentious proceedings between the parties. The petitioner's claim before the Settlement Authorities we that the respondent, Abdul Latif, was transferred shop less its roof which was appurtenant to the residential tenement transferred to him the petitioner, however filed in his claim for the transfer of the roof of the shop before the Settlement Authorities and also in the High Court in a writ petition. The result was that the shop was finally transferred to respondent Abdul Latif "alongwith its roof". On 18-9-1972, the petitioner filed a suit for a declaration that he had right of assessment of necessity and also by prescription to use a portion of the roof of shop ABIJ and has a further right of easement by prescrip­tion to pass sullage water of the residential tenement over the roof of the shop. By way of consequential relief, he also claimed permanent injection to…

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