Law:

Section:

Constitution of Pakistan (1973)--- Art. 185(3) Special leave to appeal Appellate Court finding prima facie case and balance of convenience in petitioner's favour and ordering issuing of a temporary injunction No fault being found in such orders, leave to appeal refused. ORDER QAISAR KHAN, J. Mst. Razia Begum is the owner of a house situated in Peshawar Cantonment. There are ventilators in the said house which overlook the adjacent house of Mohammad Mujtaba. Mohammad Mujtaba started construction in his house which construction could block the ventilators of the house of Mst. Razia Begum. On the 4th of September 1977 Mst. Razia Begum instituted a suit against Mohammad Mujtaba for a permanent injunction restraining the defendant from making construction in such a way as to block the ventilators of her house, on the ground that she had obtained a right of easement for the ventilators by long user. With the plaint a petition was filed for temporary injunction. The learned Civil Judge in the first instance issued an interim injunction but when the defendant filed his written statement and contested the interim injunction order the learned Civil Judge by his order dated the 13th of November 1977 vacated the temporary injunction.' Mst. Razia Begum went up in appeal…

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