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SHAFIQUL HASAN versus MUHAMMAD HANIF PEHLWAN


A. XXXIX, Reading Municipal Corporations with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sections 22 and 25 and Administration of the Associated Property Act (XII of 195/7), Section 41 Temporary Order withholding Plot Due to the dispute but the plaintiff receives the allotment from the Settlement Authorities Civil Court as vacant property, he has the authority to appoint the tender / or grant prohibition.

1981 C L C 1506

[Karachi]

Before Nasir Aslam Zahid, J

Syed SHAFIQUL HASAN‑Plaintiff

versus

MUHAMMAD HANIF PFHLWAN AND 3 Others---Defendants

Suit No. 804 of 1980, decided ors 12th October 1980.

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

‑‑ O. XXXIX, rr. 1, 2 & S. 151 read with Displaced Person ‑(Compensation and Rehabilitation) Act (XXVIII of 1958), Ss. 22 & 25 and Administration of Evacuee Property Act (XII of 195'7), S. 41‑‑Temporary injunction‑‑Jurisdiction‑‑Plot in dispute vesting in Municipal Corporation but defendant getting its allotment as evacuee property from Settlement Authorities‑Civil Court, held, possessed jurisdiction to set, aside allotment tend/or grant injunction. [Jurisdiction Injunction].

Muhammad Jamil Asghar v. Improvement Trust, Rawalpindi P L D 1965 S C 698 rel.

(b) Civil Procedure Code (V of 1908)‑--

‑‑‑‑ O. XXXIX, rr. 1 & 2 and S. 151‑Temporary injunction‑Delay to be taken into consideration by Courts virile dealing with questions of irreparable loss and balance of convenience ‑‑Construction of ground and first floors almost tearing completion‑ Held, plaintiff in such circumstance should have approached Court at first opportu nity for equitable relief of temporary injunction.‑‑[Injunction].

S. Haider Ali Pirzada for Plaintiff.

Azhar Ali Siddiqui for Defendant No. 1.

Muslim Naqvi for Respondent No. 2.

Syed Sarfaraz Ahmad, Asstt. A .G. for Defendant No. 3.

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