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MUHAMMAD RAFIQ AKHTAR versus GHULAM SADIQ


The injection of the ANXNX, RR1 and 2 cell prime faxes is likely to be seriously prejudiced to the claimant if the suit allows the sale or sale of the property. Favor [integration]

1981 C L C 453

[Karachi]

Before K. A. Ghani, J

Sheikh MUHAMMAD RAFIQ AKHTAR‑Plaintiff

versus

SQN./LDR. (RTD.) Shaikh GHULAM SADIQ‑Defendant

Suit No. 651 in Civil Miscellaneous Appeal No. 2833 of 1980, decided on 2nd December, 1980.

(a) Civil Procedure Code (V of 1908)‑‑

‑‑ O. XXXIX, rr. 1 & 2‑Injunction‑Agreement of sale prime facie established‑Plaintiff likely to be seriously prejudiced if property allowed to be sold away or alienated during pendency of suit‑Balance of convenience also lying in favour of grant of injunction ‑Injunction granted.‑[Injunction].

Muhammad Umar Begum's case P L D 1979 S 1 9 and Parveen Begum v, Muhammad Sarwar Khan P L D 1956 Kar. 521 ref.

(b) Specific Relief Act (I of 1877)

‑‑ S. 12‑Specific performance of contract of sale‑Court, unless and until contrary proved, to presume breach of contract to transfer immovable property not to be adequately relieved by compensation in money.‑[Compensation]

Abdul Karim v. Muhammad Shafi 1973 S C M R 225 ref.

Sohall Muzzcffar for Plaintiff:

Wajihuddin Ahmad and Abdus Sattar for Defendants.

Dates of hearing : 23rd and 24th November, 1980.

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