| Citation(s) |
|---|
| 2002 SLG 1388 2002 SLD 1388 2002 SCMR 1298 |
Supreme Court of Pakistan
Civil Petition No. 1619-L of 1998, decision dated: 15-02-2002. (On appeal from the judgment dated 17-9-1998 of the Lahore High Court passed in_C.R. No. 1469 of 1998)
MUNIR A. SHEIKH, ACTG. C.J. AND FAQIR MUHAMMAD KHOKHAR, J
Jehangir A. Jhoja, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo foR
Respondent
Civil Petition No. 1619-L of 1998, decision dated: 15-02-2002. (On appeal from the judgment dated 17-9-1998 of the Lahore High Court passed in_C.R. No. 1469 of 1998)
MUNIR A. SHEIKH, ACTG. C.J. AND FAQIR MUHAMMAD KHOKHAR, J
Jehangir A. Jhoja, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo foR
Respondent
SARDAR
VS
ISLAMIA COLLEGE OLD BOYS COOPERATIVE HOUSING SOCIETY LIMITED
Law:
Section:
Specific Relief Act (I of 1877)--- ----S. 54---Civil Procedure Code (V of 1908), O.XXXIX, Rr.l & 2--Constitution of Pakistan (1973), Art. 185(3)---Interim injunction, grant of--Purchase of land out of joint Khata without its partition---Suit for permanent injunction was filed to restrain the defendant from interfering in. the possession of the plaintiff---Courts below declined to grant interim injunction in favour of the plaintiff as the defendant had purchased the suit-land from joint owner out of joint property---Validity---All the Courts below had found that the defendant had purchased land from one of the joint owners of the Khata, and had stepped into the shoes of the joint owners and could maintain its right in the land---Findings recorded by the Courts below on application for temporary injunction which were tentative in nature were in accordance with the principles governing the temporary injunction -----Supreme Court declined to interfere in the discretionary matter decided by the Courts in accordance with law---Leave to appeal .was refused. JUDGMENT MUNIR A. SHEIKH, ACTG. C.J.---This petition calls in question the legality of order dated 17-9-1998 of the Lahore High Court through which revision petition filed by the petitioner has been dismissed. 2. The petitioner fled suit for permanent injunction to restrain the respondent from interfering in his possession over the land measuring 11 Kanals comprising Khasra Nos.4923, 4926 and…
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