Law: Civil Procedure Code (V of 1908)

Section: 115

Civil Procedure Code (V of 1908).-- ----S. 115, & OXXXIX, Rr.l & 2---Revisional jurisdiction, exercise of-- Appellate Court below on basis of evidence on record found that plaintiff/petitioner had no prima facie case and that balance of convenience was also not in his favour---Order of Appellate Court below based on evidence on record and passed on sound judicial principles and being in accordance with rules and principles laid down by superior Courts regarding issuance of temporary injunction during pendency of suit, could not be interfered with in revisional jurisdiction of High Court. Muhammad Ikram-ul-Haq on behalf of Jari Ullah Khan for Petitioner. Mian Saeed-ur-Rehman for Respondents. Date of hearing: 17th February, 1991. JUDGMENT This revision petition is directed against order dated 13-9-1980 passed by learned Addl. District Judge; Faisalabad accepting the appeal against order dated 23-7-1979 passed by, learned trial Court, through which the application for issuance of temporary injunction was accepted. The learned trial Court held that the petitioner had prima facie case and the case was fit one, for issuance of temporary injunction. The case of the petitioner/plaintiff was based sale-deed dated 18-1-1978 through which he purchased Killa No. 11 of squire No.57 whereas he also claimed title in killa No. 12 of square No.57 in the suit. The learned lower Appellate Court held that it was not denied that Kills P4o.12-of square No.57 was part of khewat-No.45 which was previously owned by Muhammad Usman and Riaz Hussain defendants alongwith others. The defendants in the suit claimed that they were owners of the suit property from Muhammad Usman defendant whereas the present petitioner/plaintiff claimed to be the owner of the property from Riaz Hussain. In view of these facts coupled with the fact that in the sale -deed of the…