| Citation(s) |
|---|
| 1981 SLG 418 1981 SLD 418 1981 SCMR 750 |
Supreme Court of Pakistan
Civil Petitions Nos. 478 and 713 of 1979, decision dated: 8-03-1980.(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 8th of April, 1979, by which Civil Revision No. 50 of 1979 was dismissed)
MUHAMMAD HALEEM AND G. SAFDAR SHALE, JJ
Ch. Muhammad Sadiq, Advocate and Tanvir Ahmad, Advocate on-Record for Petitioner (in C. P. 478/79) and
Respondent (in C. P. 713/79). Asadullah Siddiqi, Advocate and Salah-ud-Din, Advocate-on-Record for Petitioner (in C. P. 713/79) and
Respondent (in C. P
Civil Petitions Nos. 478 and 713 of 1979, decision dated: 8-03-1980.(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 8th of April, 1979, by which Civil Revision No. 50 of 1979 was dismissed)
MUHAMMAD HALEEM AND G. SAFDAR SHALE, JJ
Ch. Muhammad Sadiq, Advocate and Tanvir Ahmad, Advocate on-Record for Petitioner (in C. P. 478/79) and
Respondent (in C. P. 713/79). Asadullah Siddiqi, Advocate and Salah-ud-Din, Advocate-on-Record for Petitioner (in C. P. 713/79) and
Respondent (in C. P
C. P. No. 478 of 1979 HASHIM ALI
VS
BAGH ALI AND C. P. No. 713 of 1979 BAGH ALI vs HASHIM ALI
Law:
Section:
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 consideration 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 considerations 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. 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 devolved 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, 1978. The petitioner, however, disputed the sale transaction and filed a declaratory suit on 15th of May, 1978, to challenge it and also prayed for permanent injunction. The trial Court by order dated 6th of July, 1978. granted interim injunction pursuant to his prayer on the assumption that be was in possession of the Khasra numbers but in appeal the District Judge, Kasur, vacated it by order dated 13th of January. 1979. The petitioner went in revision to the High Court and partially succeeded as the order of the trial Court was maintained in respect of Khasra Nos. 4382, 4406 and 6710. As regards…
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