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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD MUJTABA VS Respondent: RAZIA BEGUM
Court Name: Supreme Court of Pakistan Judge(s): Qaisar Khan, Muhammad Haleem, Karam Elahi Chauhan Title: MUHAMMAD MUJTABA vs RAZIA BEGUM Case No.:Civil Petition for Special Leave to Appeal No. 35-P of 1978 Civil Revision No.
73 of 1978 Date of Judgment:1978-05-14 Reported As: 1978 SCMR 291 Result: Petition dismissed Judgment ORDER QAISAR KHAN, J.-Mst. Razia Begum is the owner of a house situated in Peshawar Cantonment. There are ventilators in the said house which overlook the adjacent house of Mohammad Mujtaba. Mohammad Mujtaba started construction in his house which construction could block the ventilators of the house of Mst. Razia Begum. On the 4th of September 1977 Mst. Razia Begum instituted a suit against Mohammad Mujtaba for a permanent injunction restraining the defendant from making construction in such a way as to block the ventilators of her house, on the ground that she had obtained a right of easement for the ventilators by long user. With the plaint a petition was filed for temporary injunction. The learned Civil Judge in the first instance issued an interim injunction but when the defendant filed his written statement and contested the interim injunction order the learned Civil Judge by his order dated the 13th of November 1977 vacated the temporary injunction.' Mst. Razia Begum went up in appeal against the aforesaid order to the Court of District Judge and a learned Additional District Judge by his order dated the 5th of February 1978 held that prima facie the plaintiff had a case and that the balance of evidence was in favour of the plaintiff. He therefore ordered the issuing of a temporary injunction. Mohammad Mujtaba went up in revision to the High Court against the aforesaid order but a learned Single Judge in the High Court by his order dated the 11th of March 1978 dismissed the revision petition. Mohammad Mujtaba has thus filed this petition for special leave to appeal. After hearing Sardar Akhtar Ali learned Advocate for the petitioner and going through the various orders we have come to the conclusion that no exception could be taken to the order of the learned Additional District
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Judge according to whom there was a prima facie case in favour of the petitioner and the balance of convenience was also in favour of the plaintiff. No fault could be found in the aforesaid order and we would therefore dismiss this petition.