Law: Civil Procedure Code (V of 1908)

Section: 151,OrderXXXIX,Rules1,2

Law: Constitution of Pakistan, 1973

Section: 23

(a) Administration of justice--- ----Wrong mentioning of the correct provision of law does not disentitle the litigant from the appropriate relief available to him, because it is the duty of the Court to apply the correct law to grant the proper relief. (b) Punjab Pre-emption Act (IX of 1991)--- ----Ss. 6 & 13---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Constitution of Pakistan (1973), Art. 23---Pre-emption suit---Temporary injunction, grant of---Injunctive order not to be lightly granted regarding the suit property which is a bare land and the claim of plaintiff/pre-emption is to simply restrain the vendee/defendant from the improvement of his property till the final decision of the case---Even if the pre-emptor has prima facie established his right of pre-emption on the record, still the owner of the property cannot be put, under restraint to use his property, which may tantamount to the breach of his fundamental right as enshrined by Art.23 of the Constitution---Where, however, a suit for the pre-emption has been filed with regard to any property having a superstructure, which is a part of the sale and the vendee intends to demolish the superstructure in order to defeat the right of substitution of the pre-emptor, Court may, on the basis of the facts of the case, grant injunction---Plaintiffs in the present case, wanted to prevent the vendee from improving his property by raising the construction, apprehending that in that manner, the access to the plaintiff's land shall be somewhat hindered---Plaintiff had neither been able to prove the said plea nor the existence of any right of easement from the suit-land nor had been able to show any obligation on the part of the vendee not to raise the construction over the property which he had validly purchased---High Court, in circumstances, declined to interfere in refusal of injunctive order to the plaintiff---Principles. ORDER MIAN SAQIB NISAR, J.---The petitioner is a plaintiff of the pre-emption suit filed against the respondent; along with suit, he had applied for the grant of temporary injunction seeking restraint against the respondent from changing the nature of the suit property; the…

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