Law:

Section:

Civil Procedure Code (V of 1908) OXXXIX, Rr. 1 & 2 Constitution of, Pakistan (1973), Art. 185 ¬Temporary injunction, grant of Entitlement Lease for setting up petrol pump No Objection Certificate was issued by District Magistrate District Magistrate subsequently issuing notice that said petrol pump was found to obstruct smooth flow of traffic and being dangerous to public safety its site should be shifted failing which "No Objection Certificate" would be withdrawn Trial Court granted ad interim stay to restrain District Magistrate from ejecting petitioner till disposal of suit or expiry of lease period, whichever was earlier Appellate Court and High Court in revision set aside temporary injunction of petitioner Validity District Magistrate after issuance of "No¬ Objection Certificate" had become functus officio to withdraw the same Trial Court had rightly found that petitioner had spent a huge amount in connection with the remodelling of petrol pump and would, therefore, suffer irreparable loss if he was ejected from the site in question Keeping in view that lease was to expire in a couple of years, balance of convenience was found to be in maintenance of status quo Orders of Appellate Court and High Court in setting aside of temporary injunction did not appear to be sound in law ¬Petition for leave to appeal was converted into appeal and was allowed ¬Orders of Appellate Court and High Court were set aside and that of Trial Court restored. Burmah Shell Oil Storage and Distributing Co. Pakistan Ltd. and others v. The Deputy Commissioner (District Magistrate), Karachi 1970 SCMR 63 rel. ORDER NASIM HASAN SHAH, J. The petitioner is a Dealer of Pakistan Burmah Shell Limited (respondent No.2 herein) and was running a Petrol Pump at the junction of Empress Road and Link Brandreth Road opposite Government Transport Bus Stand near the Lahore Railway Station, Lahore. The site was leased out to Burmah Shell Limited (respondent No.2 herein) in January, 1956 by the Lahore Improvement Trust for a period of 30 years. Later on, respondent No.1 (District Magistrate) gave a notice that the said site in question was Nazool land and, therefore, the rent in question should be…

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