Law:

Section: O. XXXIX, rr. 1, 2

(a) Civil Procedure Code (V of 1908), O. XXXIX, rr. 1 & 2---- Injunction, temporary-Conditions requisite for issue of temporary injunction. In order to obtain a temporary injunction an applicant has to show (a) a prima facie case in support of tee right claimed; (b) an actual or threatened violation of the right ; (c) produc tive of irreparable or at least serious damage ; (d) applicant's conduct must be such as not to disentitle him to assistance but it should be fair and honest ; (e) there must be a greater convenience in granting than refusing the injunction and (f) equally efficacious relief must not be obtainable by any other usual mode or proceeding. A I R 1918 Cal. 495(1) ; A I R 1941 All. 76 ; P L D 1960 Dacca 153 ; P L D t 956 Lah. 893 ; P L 1) 1967 Lah. 365 ; I L R 10 All. 80 ; P L D 1961 Dacca 832 ; P L D 1970 Kar. 332 ; P L D 1970 S C 139 ; P L D 1966 Kar. 272 and P L D 1969 Lah. 89 ref. (b) Civil Procedure Code (V of 1908), O. XXXIX, rr. 1 & 2--- Injunction, temporary-Arbitration award entitling appellant to extract named quantity of timber from leased area of Government land filed for being made rule of Court-Pending decision by Court, Government terminating appellant's lease and inviting fresh tenders ---Held, appellant having extracted timber had a prima facie case ; timber was in danger of being alienated and likely to' cause irreparable loss to appellant ; balance of convenience lay in favour of issuing injunction---Temporary injunction, in circumstances, issued restraining Government from alienating timber till decision of proceedings before Court, subject to furnishing adequate security by appellant to compensate Government for any loss as may be caused due to deterioration of timber. During the pendency of the proceedings before the Court. !he Government terminated the lease on the ground that time had expired and declared the timber to have become the property of the Government. It was yet to be decided whether the Government action in unilaterally terminating the lease and declaring the extracted timber to be their property car, be sustained or not. Till this question was decided the fact remains that the timber was…