AZAD ALI versus MUHAMMAD YASEEN

O XXXIX, rr 1 and 2 temporarily deferred order In the absence of claimants in the absence of any documentary evidence, the merits of the claimant cannot be merged on the charges alone, without bringing up the preliminary case. Because it cannot be owned or occupied by any small country. Her [enthusiasm]

1981 C L C 788

[Karachi]

Before Zaffar Hussain Mirza, J

Syed AZAD ALI‑Applicant

versus

MUHAMMAD YASEEN AND OTHERS‑Respondents

Civil Revision No. 258 of 1979, decided on 11th March, 1981.

(a) Civil Procedure Code (V of 1908)‑

‑‑‑ O. XXXIX, rr. 1 & 2‑Temporary injunction‑Injunction cannot be granted on mere allegations without making out at least prima facie case of right claimed‑Applicant in absence of any documentary evidence, held, cannot prima facie be held to be lessee of land and in possession thereof.‑[Injunction]

Noor Mohammad v. Mohammad Hussain 1978 S C M R 1 ref.

(b) Land Reforms Regulation, 1972 [M. L. R. 1151‑

‑‑ Para. 25‑Protection‑Applicant not claiming to be hari of land‑‑ Held, prima facie para. 25 not attracted to such case‑Paragraph 25, held further, extends protection to haris of land and not lessees.

Mirza Ghiasuddin for Applicant.

Naraindas Motiyani for Respondents.

Dates of hearing : 8th and Ilth March, 1981.

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