Law: Specific Relief Act (I of 1877)

Section: 54

Specific Relief Act (I of 1877)--- ----S. 54---Civil Procedure Code (V of 1908), OXXXIX, Rr. 1 & 2 & S.115---Suit for permanent injunction---Plaintiffs prayer for grant of temporary injunction was rejected by Trial Court---Appellate Court, however on plaintiffs appeal, granted him relief of temporary injunction---Order assailed in revision---In a suit for permanent injunction, grant of temporary injunction is a rule and refusal an exception---Appellate Court was quite competent to set aside order of Trial Court---Appellate Court had applied its conscious mind to relevant facts and given sound and cogent reasons in support of conclusions arrived at by it---No legal infirmity was found in the order of Appellate Court which did not suffer from illegality, material irregularity or jurisdictional defect---Revision was dismissed in circumstances. Muhammad Ismail Chaudhry for Petitioner. Abdul Waheed Chaudhry for Respondent. Date of hearing: 5th December, 1989. JUDGMENT On 26-5-1988, Nasim Ahmad Khan petitioner filed suit for permanent injunction restraining Salim Ahmad Khan, respondent-plaintiff, from demolishing the wall of their chobara. Alongwith the suit, he filed application for temporary injunction. The application was dismissed by the trial Court on 14-6-1988. Feeling aggrieved thereby, plaintiff-respondent filed appeal, which was allowed and temporary injunction as prayed for was granted, hence this revision. Learned counsel for the petitioner submits that question of grant of Temporary injunction has not been considered in accordance with the guiding principles laid down by the Superior Courts; that the three essentials for grant of temporary- injunction do not exist in favour of the petitioner and that the well reasoned…