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Petitioner: BAHAUD DIN VS Respondent: SHAHID HUSSAIN MALIK
Court Name: Sindh High Court Judge(s): Muhammad Zahoor-ul-Haq Title: BAHAUD DIN vs SHAHID HUSSAIN MALIK Case No.: Revision Application No. 311 of 1986 Date of Judgment:1986-10-26 Reported As: 1987 MLD 284 Result: Revision dismissed
Judgment ORDER ' This revision is not competent as I do not find any justification to interfere with the orders of the lower Court, who has refused to issue injunction in favour of the applicant. The applicant had claimed easement/necessity rights in respect of sewerage lines and other necessities enjoyed by the applicant in respect of the disputed plot. The injunction could have been claimed only when such rights were actually intended to be affected by the respondent by raising some sort of construction. But a construction has not been raised or intended to be raised so far by the respondent and, therefore, the injunction application in respect of the necessity rights was premature. The applicant should have waited till such time that his rights were actually adversely, affected or seriously intended to be affected and then alone it could be said that the petitioner has a subsisting right to injunction. In the present circumstances, injunction prayer was premature and, therefore, it was rightly rejected. This revision is, therefore, dismissed.