Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)-------Art. 31---Admission by plaintiff's counsel while arguing case, but correcting himself immediately---validity---Such admission could not be treated as a clear, unambiguous, unqualified and unequivocal admission on the basis of which suit could be dismissed. Azad Government v. Abdullah and others PLD 1969 (AJ&K) 30; Muhammad Bashir v. Muhammad. Shafi 1984 CLC 609 and Chaudry Muhammad Sharif v. Hassan Ali and others 1999 YLR 1163 ref. (b) Specific Relief Act (I of 1877)--- ----Ss. 39 & 42---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Suit for declaration, injunction and cancellation of sale agreement---Part payment of sale price to plaintiff under agreement---Application for interim injunction to protect plaintiff's possession over suit property--Validity---Defendant had not paid entire sale price to plaintiff and could not claim. possession in terms of agreement---Plaintiff had every right to protect his possession till entire sale price was paid to him---Plaintiff being in possession of property could not be dispossessed by force---Defendant could not be allowed to .take possession of suit property without establishing his right over property---Plaintiff had made out a prima facie case in his favour---Balance of convenience would lie in favour of grant of injunction---Application for interim injunction was accepted with directions to parties to maintain status quo with regard to title, possession and position of property as existed on date of institution of suit. Mst. Farid-un-Nisa v. Munshi Mukhtar Ahmad and another AIR 1925 PC 204; Jant Bibi v. Sikandar Ali and others PLD 1990 SC 642; Mst. Hafiza Bibi v. Ali Hussain and others 1994 SCMR 1194; Taleh Bibi and others v. Mst. Maqsooda Bibi and another 1997 SCMR 459; Ch. Muneer Hussain v. Mst. Wazeeran Mai alias Mst. Wazir Mai PLD 2005 SC 658; Muhammad Nazir v. Khurshid Begum 2005 SCMR 941; Karachi Parsi Cooperative Housing Society Ltd. v. Dina S. Hazari and others 2004 YLR 2071; National-Bank of Pakistan v: Mst. Hajra Bai and 2 others PLD 1985 Kar. 431; Federation of Pakistan v. Public-at-large 1988 SCMR 2041; Hem Chandra Roy Chaudhury v. Suradhani…

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