Law:

Section:

Specific Relief Act (I of 1877)--- ----S.12---Karachi Development Authority (Disposal of Land) Rules, 1971--­-.10 (1)---Auction of plot---Plaintiffs bid for plot in question was accepted but not approved by the Authority---Plaintiff's entitlement to interim relief--­Plaintiffs bid having not been approved, no second instalment was demanded from him whereafter allotment order was required to be issued to him---Prima facie, no contract binding the Authority had come into existence--­Plaintiff having no prima facie case, interim relief was rightly denied to him---Finding of Trial Court denying interim relief to plaintiff was affirmed. Syed Israr Masood v. State of Madhya Pradesh 1983 PSC 753; M.G. Brothers v. Parasad Textiles 1984 PSC 301; MA. Chaudhry v. Mitsui PLD 1970 SC 373 and Jahl Asghar v. Atlas Industries 1984 SCMR 1 ref. ORDER NASIR ASLAM ZAHID, ACTG. CJ. ---By this High Court Appeal, the plaintiff/appellant had challenged the order dated 26-5-1991 passed by a learned Single Judge dismissing the application for grant of temporary injunction filed under Order 39, rules 1 and 2, C.P.C. in Suit No.249 of 1991 on the ground that no prima facie case was made out. We had heard the learned counsel on 6-8-1991, when this Appeal was fixed for Katcha Peshi, and on the conclusion of the arguments, by a short order, this High Court Appeal was dismissed. Reasons for dismissal of the Appeal are given in this order 2. Pursuant to notice published in Daily "Jang" about the proposed auction of certain plots by KDA., auction was held on 16-10-1990. The appellant/plaintiff participated in the auction and his bid for the plot in question which was Rs.2,525 per sq.yd. in respect of the said plot was accepted. The plaintiff paid 25% of the cost on the same day. According to the appellant, thereafter an agreement was drawn between the parties but subsequently the appellant was informed by the KD.A. that his bid had not been approved by the governing body of KD.A. and he was asked to obtain refund of the money paid by him. The appellant, being aggrieved, filed a suit in this Court for specific performance of the agreement. An application (C.MA. No.1009/91) under Order 39, rules…

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