Case Details

Citation(s)
1996 SLG 1343 1996 SLD 1343 1996 CLC 311
Sindh High Court
Suit No. 197 and Civil Miscellaneous Application No. 1645 of 1994, decision dated: 24-08-1995
RUSHEED AHMAD RAZVI, J
Mushtaq Memon for Plaintiffs. Abdul Ghafoor Mangi, A.G. (Sindh) for Defendants

USMAN PUNJWANI and another--Plaintiffs

VS

GOVERNMENT OF SINDH and another----Defendants

Law:

Section:

(a) Colonization of Government Lands (Punjab) Act (V of 1912)-------S. 36---Bar of jurisdiction of Civil Court in terms of S. 36, Colonization of Government Lands (Punjab) Act, 1912---Civil Courts, despite provisions of S. 36, Colonization of Government Lands (Punjab) Act, 192, have jurisdiction to entertain any suit if order passed by Revenue Authorities was bad in law, without lawful authority and mala fide. Secretary of State v. Mask & Co. AIR 1940 PC 105; Messrs Chalna Fibre Company Ltd., Khulna and others v. Abdul Jabbar and others PLD 1968 SC 381; Karim Dad v. Arif Ali and another PLD 1978 Lah. 679; Anjuman Talim-ul-Islam v. W.P. Punjab Province PLD 1983 Lah. 294; Muhammad Saleh v. Meher Shah 1980 CLC 662; Syed Raunaq Raza v. Province of Sindh and others 1994 CLC 317; Muhammad Iqbal Piracha v. Government of Sindh and others Suit No. 500 of 1994 and Muhammad Muzaffas Khan v. Muhammad Yusuf Khan PLD 1959 SC (Pak.) 9 rel. (b) Natural justice, principles of--- ----Any order passed in violation of principles of natural justice was not sustainable in law. Dacca University v. Zakir Hussain PLD 1965 SC 90; Noor Muhammad v. K.DA. and others PLD 1975 Kar. 373; Ghulam Fatima v. Board of Revenue PLD 1994 Lah. 296; Akber Waheen v. K.DA.1993 MLD 87 and P.MA. Karachi v. Government of Sindh and others 1979 CLC 382 rel. (c) Civil Procedure Code (V of 1908)--- ----OXXXIX, Rr. 1 & 2---Interim injunction, grant of---Allotment of land--­All formalities relating to allotment had been carried out in accordance with law---Authority had received price of land and had delivered possession of land in question to plaintiff---Plaintiff had made out prima facie case and balance of convenience was in favour of grant of injunction---In absence of grant of interim injunction, plaintiff would suffer irreparable loss and injury--­Interim injunction, was, thus, granted in favour of plaintiff, whereby defendants were restrained till disposal of suit, from interfering in any manner, with allotment and possession of plaintiff in respect of land in question. ORDER This is an application filed by the plaintiffs under Order 39, Rules 1 and 2, C.P.C. read with section 151, C.P.C. praying…
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