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IMTIAZ AHMAD versus MUHAMMAD SHOAIB SHAH


Equipped with provisions for specific performance of the ACNX, RR1 and 2 Transfer of Property Act (IV 1882), Section 52 Constitution of Pakistan, Arts 23 and 24 Specific Relief Act (I of 1877), Section 12 suit Applicable grant rules were rules for the grant of temporary injunction or denial of a temporary injunction, a preliminary argument, a balance of convenience and irreparable harm if any of the three basic requirements were missing. The temporary order did not qualify for a restraining order based on validation and prevented the defendant from separating the suit property When the contract was to be proved, the court could not grant interim relief on the basis of validation of the said contract even though the verification would be done legally / legally after the recording of the evidence that no first issue was forthcoming and irrevocable. There was no question of damages The plaintiff was the owner of the dispute property and he was entitled to enjoy and deal with it and his said right could not be diminished / lightweight intervention could not be made under the rule of Lease Pendenz. Plaintiff's reluctance was protected under the unreasonable order no payment for the amount considered Can. The rights granted under Articles 23 and 24 of the Constitution were exercised and accepted, and the void order was set aside.

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