MUHAMMAD ISMAIL versus GULZAR AHMAD

O XXXIX, rr 1 and 2 merger, no evidence has been provided by the landlord regarding the construction of the bath which damaged the leased building, the construction has already been completed , To prevent the responsible tenant from construction work, cannot be granted until the applicant landlord amends his or her claimant and seeks a mandatory injunction to demolish the work [

1981 C L C 116

[Karachi]

Before Muhammad Zahoorul Haque, J

Hafiz MUHAMMAD ISMAIL AND 2 OTHERS‑Appellants

versus

GULZAR AHMAD‑Respondent

Civil Revision No. 78 of 1920, decided on 23rd August, 1980.

Civil Procedure Code (V of 1908)‑

‑‑‑ O. XXXIX, rr. 1 & 2‑Injunction, temporary‑No proof produced by landlord regarding construction of Hammam causing damage to leased building‑Construction already completed‑Injunction to restrain respondent tenant from construction, held, cannot be granted at such stage unless applicant landlord amends his plaint and seeks mandatory injunction for demolition of work.‑[Injunction].

Qamar Ali Shah v. Waryam 1976 S C M R 393 distinguished.

Niazy A. Khaliq for Appellant.

Khuda Bux Omerani for Respondent.

Date of hearing : 23rd August, 1980.

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