Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 54---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1, 2---Suit for permanent and temporary injunction---Ingredients---Scope---Plaintiff filed a suit for permanent injunction to the effect that defendant might be restrained from interfering into the peaceful possession of the disputed land---Along with suit an application under O. XXXIX, Rr.1, 2, C.P.C. for grant of temporary injunction had also been filed---Trial Court granted application, restraining the defendant from interfering with the possession---Appellate Court on appeal accepted the same and set aside the order of the Trial Court---Validity--Dispute vested on the basis of Iqrarnama/lease---Amount of Rs.200,000 had been paid to the defendant---Validity of Iqrar nama or its authenticity could only be determined by the Trial Court---Plaintiff had been able to make out a prima facie and arguable case---In case of refusing temporary injunction, plaintiff would suffer an irreparable loss---Balance of convenience also was in favour of the plaintiff---High Court allowed the revision petition and set aside the appellate order. Naseer Ahmad Bhutta for Petitioner. Muhammad Sarwar Qamar for Respondent. Date of hearing: 15th June, 2009. JUDGMENT ABDUL SATTAR GORAYA, J.---By means of this revision petition the judgment, dated 5-8-2008 passed by the learned Additional District Judge, Shakargarh has been brought under challenge. 2. Facts in brief are that the petitioner filed a suit for permanent injunction against the respondent. It was prayed in the said suit that the respondent may be restrained from interfering into the peaceful possession of the plaintiff on the land which has been sufficiently explained in the head-note of the plaint. It has been pleaded that the property was under mortgage and without clearance of the same the defendant-respondent is not entitled to alienate or dispose of the said property. Defendant-respondent purchased the property through oral Mutation No. 161, dated 20-6-2005 from Mst. Haleema Bibi. It was further averred…