Law: Civil Procedure Code (V of 1908)

Section: O. XXXIX, r. 1

Civil Procedure Code (V of 1908) O. XXXIX, r. 1-Injunction-Contention that order of High Court in regard to certain Khasra numbers being based o6 sole considera tion of possession without there being any finding as to existence of a prima facie case and balance of -convenience not maintainable Held, High Court though not clearly expressing on such aspect yet order gives an impression that High Court had these considera tions in mind-Conclusion of High Court being not improper or arbitrary no reason disclosed for interference with discretionary order of High Court based on tentative opinion. Date of hearing : 8th March, 1980.                                                                                                                                                                    ORDER MUHAMMAD HALEEM, J. -This order will govern Civil Petitions Nos. 478 and 713 of 1979 as they arise out of 4the common judgment of the Lahore High Court; Lahore, dated 8th of April, 1979, by which Civil Revision No. 50 of 1979 was partly accepted. The petitioner in Civil Petition No. 478 of 1979 jointly owned 40 kanals and 14 marlas of land bearing Khasra Nos. 4382, 4383, 4406 4407, 4408 and 6710, situate in village Mianki More, Tehsil Chunian. District Kasur, with his two other brothers, Hakim Ali and Noor Muhammad. Noor Muhammad died issueless and his inheritance de volved on the petitioner and Hakim Ali. inheritance mutation No. 3812 was sanctioned in 1976 in regard to it. Thereafter, by two separate sale deeds, the petitioner and Hakim Ati sold their shares in the land to the respondent herein. In this petition, the dispute relates only to the sale of his share by the petitioner. His sale was evidenced by mutation No. 434 which was duly sanctioned on 12th of February,…