Law: Civil Procedure Code (V of 1908)

Section: 1

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 5th March 1970, in Civil Revision No. 311 of 1969). Civil Procedure Code (V of 1908), O. XXXIX, r. 1---- Temporary injunction-Granted by Appellate Court in declaratory suit holding that respondents were in joint possession and same should not be interfered with-Contention that Appellate Court by holding respondents in joint possession finally decided suit-High Court in revision observing that observation of Appellate Court can not be understood as finally determining question of possession which awaited decision by trial Court after recording entire evidence in case-Grievance that Appellate Court had finally decided suit, held, not well founded in presence of such remarks-Petition for Leave to Appeal to Supreme Court dismissed. Date of hearing : 22nd April 1970. ORDER WAHIDUDDIN AHMAD, J.-This petition for special leave to appeal is directed against the order of a learned Single Judge of the High Court of West Pakistan, Lahore, in Civil Revision No. 311 of 1969, dated the 5th March 1970. By this order the revision filed by the petitioners was dismissed with costs. The petitioners and the respondents are the sons/daughters of late Ahmad Hassan, a Zamindar of Mauza Sehar, Tehsil Mailsi in the Multan District. After the death of their father, the landed property owned by the deceased in the said district devolved on the heirs in accordance with Shariat Law and mutation was sanctioned in due course of time. Subsequently, it is alleged that the respondents sold away their share of the landed property to the petitioners for consideration of Rs. 70,000 under a registered sale deed dated the 30th April 1966, and a sum of Rs. 69,000 was paid to them in the presence of Sub-Registrar, Multan. Respondents challenged this sale in suit for declaration filed on the 22nd July 1967, at Multan on the allegation that the registered sale deed was fictitious, without consideration and forged one. They sought a declaration that the deed was void and inoperative and prayed for perpetual injunction restraining the petitioners from being shown as the owners of the suit land. Along with the…