| Citation(s) |
|---|
| 1992 SLG 558 1992 SLD 558 1992 CLC 8 |
Lahore High Court
First Appeal from Order No. 35 of 1991, heard on 13th October, 1991. DATE of hearing. 13th September, 1991
GUL ZARIN KIANI, J
M. Saleem Sahgal for Appellant. Malik Azam Rasool for
Respondents Nos- 1 to 4. Khaqan Babar for
Respondent No. 5
First Appeal from Order No. 35 of 1991, heard on 13th October, 1991. DATE of hearing. 13th September, 1991
GUL ZARIN KIANI, J
M. Saleem Sahgal for Appellant. Malik Azam Rasool for
Respondents Nos- 1 to 4. Khaqan Babar for
Respondent No. 5
WIQAR AVAIS
VS
Raja MUHAMMAD SHAFI JANJUA and 4 others
Law:
Section:
(a) Specific Relief Act (I of 1877)--- ----S.12---Ci`ni Procedure Code (V of 1908), O.Rr.l & 2---Specific performance and temporary injunction..--Relief of specific performance as also grant of equitable relief of temporary injunction were discretionary. (b) Specific Relief Act (I of 1877)- ___Ss. 12 & 52---Civil Procedure Code (V of 1908), OXXXIX, Rr.l & 2--Court's power to impose conditions on grant of temporary injunct'og particularly in a suit for specific performance of contract-!- -I-Issue of temporary injunction in a suit for specific performance for stopping pendente rite alienation of land in question, must be subjected to terms---Suit being for specific performance of contract, it would be equitable and in the fitness of things that respondents be restrained from alienating plot in question, subject to deposit of balance consideration in trial Court within specified days of the order passed in appeal ---Respondents were also directed to deposit amount of money they had received within the same Period in Trial Court---In default of deposit of balance consideration by the appellant, stay would not operate but transfer would be subject to the rule of lis pendens. Badr-ud-Din v. Muni Lal and others AIR 1934 Lah. 26 (2); Muhammad Shaheen Aziz Niazi v- Muhammad Baqir and another 1985 CLC 2733; State v. Zia-ur-Rehman and others PLD 1973 SC 49 and Federation of Pakistan v. Saeed Ahmad Khan and others PLD 1974 SC 151 ref Fateh Muhammad v. Muhammad Hanif and another PLD 1990 Lah. 82; Parveen Begam v. Raja Muhammad Sarwar Khan PLD 1956 (WP) 521; Feroz-ud-Din and another v. Tien Ying Lee and others 1987 MLD 2035(1); Shama Enterprises (Private) Ltd. v. Malik Ghulain Sawar and others 1989 MLD 21; A. Batcha Saheb v. Nariman K. Tram and another AIR 1955 Mad. 491 and Chandkanwar and others v. Rambhajan and another AIR 195'' Raj. 329 MI. (c) Specific Relief Act (I of 1877)--- ----S. 12---Civil Procedure Code (V of 1908), O.X-Ill, R.1---.Appeal against interim order---High court while granting temporary injunction imposed conditions thereon---High Court directing Trial Court to decide the case within specified time by avoiding unnecessary adjournments…
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