Law: Civil Procedure Code (V of 1908)

Section: 115

Civil Procedure Code (V of 1908)--- ----OXXXIX, Rr.l, 2 & S.115---Suit for possession of a house on ground of ownership---Temporary injunction, grant of---Question of grant of temporary injunction was not considered by Courts below in accordance with guiding principles laid down by superior Courts---High Court, accepted revision, set aside concurrent orders of Courts below and directed parties to maintain status quo till decision of suit by Trial Court. Ashiq Hussain Malik for Petitioners. Respondent No.4 in person. Date of hearing: 18th February, 1990. JUDGMENT Gulzar Masih and four others, petitioners filed suit for possession to the effect that they were owners in possession of disputed Ahata situated in Chak No.104 Shumali, Tehsil and District Sargodha, against Raulla and three others, in the Court of Senior Civil Judge, Sargodha. As a consequential relief, they prayed for permanent injunction restraining the defendants from interfering with their possession of the house raised by them on the disputed Ahata. Alongwith the suit, they filed application for grant of temporary injunction restraining the defendants from interfering with their possession of the disputed Ahata and from demolishing the construction raised by them. The application was dismissed by the Civil Judge on 29-11-1981. The appeal filed by the petitioners also failed on 11-2 1982 Hence this revision. The learned counsel for the petitioners submitted that from the documents annexed with the plaint it is very…