Law:

Section:

(a) Civil Procedure Code (V of 1908)-- ---0. XXXIX, Rr. I & 2 --- Contract Act (IX of 1872), S.55 --- Agreement to sell--­Issuance of temporary injunction --- Essentials --- Time, though was fixed to complete the sale on specific date providing consequences in the event of any default on either side it was yet to be seen whether time was of the essence of the contract --- Substantial amount having been paid as earnest money, there was no material to hold that plaintiff was not earnest to go with the sale agreement and pay the balance price for the land in dispute --- Record showed that plaintiff had a clear prima facie case to present to the Court for its examination as also balance of convenience was in his favour --- As for the third ingredient i.e., irreparable loss; though rule of lis pendens applied to the suit for specific performance and amply protected the plaintiff against apprehended pendente lite alienations, yet in order to prohibit and avoid introduction of strangers into the lis which was likely to enlarge the scope of dispute between the parties, it was required that injunction be issued to prohibit the defendants from transferring the land in suit --- Plaintiff thus had a good case on merits for issuance of temporary injunction which had been refused by the Trial Court on wholly insufficient grounds. Mrs. Parveen Begum v. Raja Muhammad Sarwar Khan PLD 1956 (W.P.) Kar.521; Mst. Muhammad Bibi v. Additional Settlement Commissioner, Khairpur and 2 others PLD 1976 Kar. 181; Anjum Rehmat and another v. (Rtd.) Sqn./Ldr. Shaikh Ghulam Sadiq 1981 CLC 276; Sheikh Muhammad Rafiq Akhtar v. Sqn./Ldr.(Rtd.) Shaikh Ghulam Sadiq 1981 CLC 453; Muhammad Hussain v. Mst. Saeeda Begum etc. 1.987 MLD 397; Rustam Ali v. Chaudhary Mukhtar Ahmad Anwar 1987 MLD 394; Molasses Export Co. Ltd. v. Consolidated Sugar Mills Ltd. NLR 1986 CU 346; Haji Gul Muhammad Haji Ismail and others v. Munawar Ali Khan and others 1987 MLD 2828 (Kar.); Mehraj Din v. Karam Din and others PLD 1987 Lah.166(2); Muhammad Safdar Ansari and another v. Abdul Majeed PLD 1988 Lah. 216; Mrs. Dino Manekji Chinoy and 8 others v. Muhammad Matin PLD 1983 SC 693; Muhammad Shari v. Sh. Muhammad Amin and…

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