Case Details

Citation(s)
1978 SLG 216 1978 SLD 216 1978 SCMR 333
Supreme Court of Pakistan
C.P. S. L. A. No. 560 of 1977, decision dated: 19th February 1978.
WAHEEDUDDIN AHMED AND NASIM HASAN SHAH, JJ
M. G. Cheema, Advocate Supreme Court instructed by S. Majid Hussain. Advocate on-Record for Petitioner. Nemo for
Respondent

ABDUR RASHID

VS

SAEED AKHTAR

Law:

Section:

Constitution of Pakistan (1973) Art. 185(3) Leave to appeal Additional District Judge and High Court concurrently finding petitioner having no prima facie case so as to be entitled to issuance of injunction in his favour Perusal of record confirming such conclusion Leave to appeal refused Civil Procedure Code (V of 1908), O. XXXIX, rr. 1 and 2. [injunction]. NASIM HASSAN SHAH, J. This is a petition for leave to appeal directed against the order dated 20 6 1977 of a learned Single Judge of the Lahore High Court, whereby Civil Revision No. 476 of 1977, filed by the petitioner, was dismissed in limine. 2. The relevant, facts are that the petitioner brought a suit for specific performance of an agreement of sale of 1/6th portion of certain immovable property situated in Sahiwal. According to him, Rs. 600 had been paid out of the total consideration of Rs. 16,000 fixed as the sale price, and a registered deed was executed in this behalf. 3. During the pendency of the suit the petitioner made an application under Order XXXIX, rules 1 and 2 of the C. P. C., for the grant of a temporary injunction restraining the respondent from selling the property and also from dispossessing the petitioner. The trial Court granted the application and issued the temporary injunction asked for. The respondent went in appeal against the said order which was heard by the learned Additional District Judge, Sahiwal, and accepted by him with the result that the temporary injunction was vacated. 4. The petitioner then went up in revision before the Lahore High. Court and the learned Judge held that there was no stipulation in the agreement that the…
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