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Petitioner: PEER AHMAD YAR VS Respondent: MUHAMMAD JAMAL
Court Name: Lahore High Court Judge(s): Muhammad Munir Khan Title: PEER AHMAD YAR vs MUHAMMAD JAMAL Case No.: Civil Revision No. 82 of 1989/BWP, Date of Judgment:1989-03-04 Reported As: 1989 MLD 4168 Result: Petition dismissed
Judgment ORDER On 30-3-1988 Peer Ahmad Yar petitioner filed suit for Specific Performance of Contract. Alongwith the suit he filed -application for grant of temporary injunction restraining the respondents from alienating the land till the decision of the case and from disturbing his possession over the suit land. The trial Court dismissed the application on 20-12-1988. The appeal filed by the petitioner/plaintiff against this order was dismissed by the learned Additional District Judge, Bahawalnagar on 13-2-1989, hence this revision. 2. Learned counsel for the petitioner submitted that since the petitioner had obtained the possession of the disputed land under agreement to sell, therefore, the same stands, protected under section 53-A of the Transfer of Property Act, and this aspect has not been considered by the Courts below and that m any case, the respondents cannot eject the petitioner forcibly. 3. I have considered the submissions made by the learned counsel with care. I do not feel persuaded to agree with him. I find that the Courts below have' anxiously attended to the prerequisites for grant of temporary injunction and have given sound and cogent reasons in support of the conclusions arrived at by them. The impugned orders do not suffer from illegality or material irregularity or jurisdictional defect. It may be noted here that in the plaint no prayer for restraining the respondents from interfering with the possession or for restraining them from further alienation of the land has been made. For what has been said above, there being no merit, the revision is dismissed. M.Y H./A-673/1,