Law:

Section:

(a) Transfer of Property Act (IV of 1882)-------S. 105---Easements Act (V of 1882), S. 52---"Lease" and "licence"--­Distinction---Right transferred through lease would amount to right in rem; while right transferred through licence as provided under S.52, Easements Act, 1882, was only a right in personam, whereby licensor would agree not to interfere with the doing of particular acts on property which was in possession of licensee. ---[Words and phrases]. Abdullah Bhai and others v. Ahmed Din PLD 1964 SC 106 rel. Messrs Shaukat and Raza Ltd., Karachi v. The Karachi Development Authority and another 1980 CLC 346; Messrs Commodities Trading International Corporation v. Trading Corporation of Pakistan and another 1987 CLC 2062; Messrs Central Insurance Co. Ltd., Karachi v. Messrs Khyber Textiles Mills Ltd. and another PLD 1978 Kar, 908; Federation of Pakistan and others v. Captain Anwar Khan and another 1986 MLD 1800; Muhammad Azim v. P.E.C.H.S. and others PLD 1985 Kar. 481; Anwar Sultana and others v. P.E.C.H.S. Ltd. PLD 1969 Kar. 474; Abdullah Bhoy and others v. Ahmad Din PLD 1964 SC 106; M.A. Naser v. Chairman, Pakistan Eastern Railways and others PLD 1965 SC 83; Noor Muhammad v. Civil Aviation Authority and another 1987 CLC 393; Abdul Rahman v. Haji Mir Ahmed Khan and another PLD 1982 Kar. 532; Ahmed Din v. Abdullah Bhai and others PLD 1962 Kar. 663 and Ashfaq Hussain and others v. Karachi Municipal Corporation and others PLD 1957 Kar. 918 `ref. (b) Civil Procedure Code (V of 1908)--- ----O.XXXIX, Rr. 1 & 2---Foreign Exchange Regulation Act (VII of 1947), S.3---Cancellation of licence---Relief of interim injunction ---Entitlement--­Plaintiffs were granted permission and licence to run business of exchange of foreign currencies for a period of one year, terms whereof were scribed in agreements---Such contracts were revocable after giving thirty days' notice--­Agreement, in question, having expired, plaintiff had not tendered even the licence fee which had accumulated up to more than one million rupees---Such acts of plaintiff disentitled it to equitable and discretionary relief---Plaintiff for obtaining interim injunction must establish existence of prima…

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