Law:

Section:

Civil Procedure Code (V of 1908)--- ----OXXXIX, Rr. 1, 2, 4 & S.115---Transfer of Property Act (IV of 1882), Ss. 52 & 54---Grant of status quo---Vacation of ---Lis pendens--­ Plaintiff/petitioner in his suit for cancellation of sale-deed in respect of property in dispute on grounds of fraud, forgery and impersonation, got status quo regarding construction on property in dispute and its further alienation pendente lite from Trial Court by filing application under OXXXIX, Rr 1 and 2 C.P.C. but. same was vacated by Appellate Court---Both plaintiff and' defendant, were sons of deceased who had sold property in dispute through a registered sale deed executed only one day prior to his death in favour of defendant/respondent---Except for plaintiff/petitioner and defendant/respondent other heirs of deceased who were widow and other four sons and six daughters of deceased, were not joined to litigation----Plaintiff, in circumstances, could claim relief equivalent to his own share in property covered by sale-deed---Admittedly no construction as yet was made on property in dispute, but it was submitted that same was in use of defendant/respondent as a passage---In view of serious dispute about validity of sale-deed by which property in question was purportedly transferred by late father to one of his sons near or about time of his death, it' would be appropriate to keep it in its present state and defendant/respondent should be bound not to alter or change its character and alienate it further---Subject-matter of lis thus was amply protected from interference by rule of lis pendens---High Court allowing revision, set aside order of Appellate Court below and restored the status quo order granted by Trial Court. JUDGMENT Civil Revision by the plaintiff in the suit for cancellation of registered sale-deed is against a decision of the learned Additional District Judge of Lahore, whereby, in appeal preferred by the respondent, injunction order issued by the learned trial Court was vacated. Property No. 62/117, situate at Ahmad Block, New Garden Town. Lahore belonged to Haji Ahmad Din. Out of it, 2 Marlas 30 Sq.Ft, were sold by him to his son Abdur Rahim through a…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492