Law:

Section:

Specific Relief Act (I of 1877)-------Ss. 42 & 54---Interim injunction, setting aside of---Devolution of tenancy---Proof---Offer during proceedings---Effect---Plaintiff filed letter issued by Security and Exchange Commission of Pakistan (SECP) to prove that he was in possession of premises in question and on the basis of that letter, Lower Appellate Court directed the parties to maintain status quo---Validity---Effect and validity of letter of SECP was yet to be determined and such letter did not have legal effect of devolution of tenancy in favour of plaintiff---As such it could not be held that plaintiff had prima facie established that he was tenant in premises in dispute---Some sort of offer of compromise could not detract as offer was always deemed to be without prejudice and did not amount to any admission that plaintiff was tenant under defendant---Plaintiff failed to make out prima facie case of his legal status as tenant in respect of premises in dispute and in absence thereof, no prima facie case for grant of temporary injunction could be made out---There was no denial of the fact that premises was demolished and construction was in progress as necessitated by notice of Local Government and any status quo order would amount to frustrate action directed to be taken by Local Government in public interest---High Court declined to sustain status quo order in respect of admittedly dangerous building thereby putting properties and lives at risk---High Court in exercise of revisional jurisdiction set aside status quo order passed by Lower Appellate Court--Revision was allowed in circumstances. Mian Nisar Ahmad and Mian Saadat Nisar for Petitioner. Mian Zafar Iqbal Kalanuri for Respondent. Date of hearing: 28th January, 2009. JUDGMENT SH. AZMAT SAEED, J.---This civil revision directed against the appellate order, dated 4-12-2008 whereby the appeal filed by respondent against the order, dated 30-9-2008 was accepted and status quo directed to be maintained by the parties. 2. Litigation inter se the parties pertains to the property bearing No.S-19-R-72 situated on the Shahara-e-Quaid-e-Azam, Lahore. Said property was devastated by fire during the course of…

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