Law:

Section:

(i) Civil Procedure Code, 1908 (V of 1908)-- ----S. 115 & O. XXXIX, Rr. 1 & 2--Suit for declaration with pray for granting of permanent injunction--Determination--Question of--Ingredients--Existence of a prima facie--Irreparable damage or injury will accrue to applicant if injunction is not granted and that the inconvenience which the applicant will undergo from withholding the injunction will be comparatively greater than that, which is likely to arise from granting it, or in other words the balance of inconvenience should be in favour of applicant--Held: Court need not closely examine the merits of the case nor is the applicant to be required to establish his legal title--It is sufficient if the applicant is able to establish an arguable case. [Pp. 150 & 151] A (ii) Civil Procedure Code, 1908 (V of 1908)-- ----S. 115--Scope of--High Court cannot interfere in its revisional jurisdiction with the concurrent findings on a question of fact rendered by Courts below unless it finds misreading and non-reading of evidence. [P. 151] B Order Sardar Ali Khan, plaintiff instituted suit against Abdul Hamid and his brother Hamid Khan, defendants, claiming a declaration to the effect that plaintiff was owner in possession of suit land, detailed in the plaint, by virtue of purchase and defendants had no concern with it. The plaintiff also prayed for grant of permanent injunction, restraining the defendants to transfer or alienate the suit property in any manner. A prayer for possession through partition by demolition of superstructure constructed thereon, was also made. Alongwith the plaint, an application duly supported by an affidavit for grant of temporary injunction, in the above terms, was also made. The suit as well as application were resisted on all grounds, legal as well as factual. Resultantly, learned Civil Judge, Peshawar, by her order dated 21.11.2006, accepted application and granted temporary injunction in favour of the respondent. An appeal was preferred thereagainst, which did not succeed. The same was dismissed by learned Additional District Judge, Peshawar, by judgment dated 27.1.2007. The petitioners, feeling aggrieved, have filed instant…

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