KHAIR DIN AND 3 Others vs JAMAL DIN — 1971 SCMR 704

Citation: 1971 SCMR 704

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: KHAIR DIN AND 3 Others vs JAMAL DIN

Headnotes

Case cited as 1971 SCMR 704

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Sajjad Ahmad Jan Title: KHAIR DIN AND 3 Others vs JAMAL DIN Case No.:Civil Petition for Special Leave to Appeal No. 183 of 1971 Civil Revision No. JUDGMENT Reported As: 1971 SCMR 704 Result: Petition dismissed Judgment JUDGMENT SAJJAD AHMAD, J.-In a suit filed by the respondent in the Court of the Civil Judge, Lyallpur, for a permanent injunction to restrain the petitioner from dispossessing him illegally from the site in dispute, a temporary injunction was granted to him on his prayer for the same, on an application moved under Order XXXIX, rules 1 and 2 read with section 151 of the Code of Civil Procedure. Subsequently, the respondent filed another application complaining that lie had been illegally dispossessed in spite of the temporary injunction. On this application, the learned Civil Judge ordered that the respondent should be put back into possession. The petitioners challenged this order in a revision application to the High Court, which has been dismissed, leading to this petition for special leave to appeal. It is manifest from the orders of the Courts below that the respondent was in actual physical possession of the disputed premises, and is running a sweetmeat shop there. His physical possession has been protected by the interim relief granted to him without prejudice to the rights and title of the petitioners, which will be duly adjudicated in the suit, which is still pending. The learned…

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