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Petition under section 44 of Act VI of 1918, Punjab Courts Act), decided on 12th June 1953, for revision of the order of Muhammad Rafiq, District Judge, Rawalpindi, dated the 8 March 1952.
S. 12‑--Order of Civil Court granting temporary injunc tion in respect of evacuee property is void.
According to section 12 of the Pakistan (Administration of Evacuee Property) Ordinance XV of 1949, evacuee property is exempt from legal process and no injunction or other order of whatever kind in respect of such property can be granted or made by any Court. The order granting temporary injunction is consequently void.
B. Z. Kaikaus for Petitioner.
Ch. Muhammad Yaqub Ali Khan and A. A. K. Lodhi for Respondent No. 1.
Muhammad Ishaq brought a suit against three persons, Qamar Din, Abdul Aziz and Irshad Mian for a permanent injunction restraining them from interfering with the use of shop No. U/26 in Sabzi Mandi, Rawalpindi, by the plaintiff for a period of ten days each month for the sale of beef. He claimed that be had obtained a joint licence for the sale of beef with Qamar Din and Abdul Aziz, defendants, that the third defendant Irshad Mian, pretending to be an allottee of the shop from the Rehabilitation Department, had started obstructing him and that the first two defendants were helping Irshad Mian in obstructing the plaintiff:
Upon the institution of the suit the plaintiff prayed for a temporary injunction which was granted to him. The order was upheld in appeal by the learned District Judge, and 'Irshad Mian has come in revision.
Irshad Mian was in possession of the shop for some period, which he claims to be over two years. Then the shop was al lotted by the Rehabilitation authorities to other parties, not the respondents. Irshad Mian appealed against this allotment but his appeal was dismissed. He then filed a revision against that order and he has produced a copy of the order of the Rehabili tation Commissioner showing that the operation of the appellate order in the allotment case has been stayed. In other words, Irshad Mian was still in possession of the shop when the tem porary injunction was issued. The operation of this injunction was suspended by me when I admitted the present petition an. revision.
The shop in question is admittedly evacuee property. Ac cording to section 12 of the Pakistan (Administration of Evacuee Property) Ordinance XV of 1949, evacuee property is exempt from legal process and no injunction or other order of whatever kind in respect of such property can be granted or made by any Court. The order granting temporary injunction is consequently void. The petition is accepted with costs and the order of the lower Courts vacated.
A. H. Petition accepted.
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