CHIRAGH DIN AND Another vs CHAIRMAN — 1970 SCMR 29

Citation: 1970 SCMR 29

Court: Supreme Court of Pakistan

Year: 1967

Decision Date: 1967-10-10

Parties: CHIRAGH DIN AND Another vs CHAIRMAN, THAL DEVELOPMENT AUTHORITY

Headnotes

Result: Leave refus Judgment ORDER MUHAMMAD YAQUB ALI, J.-The subject-matter is the manda--tory injunction issued by the trial Court directing the respondent that the possession of certain agricultural land which it had resumed in exercise of its lawful authority during the pendency of the suit brought by the petitioners seeking declaration of ownership rights therein be restored to the petitioners. The order was on appeal set aside by the District Judge and the High Court has declined to interfere with it in revisional jurisdiction from which the petitioners seek leave to appeal.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Dr. Sheikh Abdul Rahman, Muhammad Yaqub Ali Khan Title: CHIRAGH DIN AND Another vs CHAIRMAN, THAL DEVELOPMENT AUTHORITY Case No.:Civil Petition for Special Leave to Appeal No. 325 of 1967 Civil Revision No. 330 of 1967 Date of Judgment:1967-10-10 Reported As: 1970 SCMR 29 Result: Leave refus Judgment ORDER MUHAMMAD YAQUB ALI, J.-The subject-matter is the manda--tory injunction issued by the trial Court directing the respondent that the possession of certain agricultural land which it had resumed in exercise of its lawful authority during the pendency of the suit brought by the petitioners seeking declaration of ownership rights therein be restored to the petitioners. The order was on appeal set aside by the District Judge and the High Court has declined to interfere with it in revisional jurisdiction from which the petitioners seek leave to appeal. It was contended that since notice of the application made by the petitioners under Order XXXIX, rules 1 and 2, C. P. C. For issuance of an interim injunction restraining the respondent from ejecting the petitioners during the pendency of the suit had been served on it the dispossession of the petitioners was tenta--mount to over reaching the Court and had resulted in frustrating the subject-matter of the suit. Certain decisions from foreign jurisdiction were brought to our notice including Daniel v. Ferguson ((1891) 2 Ch. D 27) and Nadan Picture v. Art. Pictures…

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