1973 PLP 493 (SCMR)

SALAHUDDIN AHMED, J.‑This appeal by special leave of this Court is from the order of a learned Single Judge of the Lahore High Court accepting the revision application of the respondent District Council, Sheikhupura, and restoring the order of the learned Civil Judge, whereby the application of the appellants for a temporary injunction was dismissed. The appellants do business as Commission Agents in the daily sale and purchase of cattle as well as hold a Mandi Maweshian for four days every month on 24 kanals of leasehold land at Mor Khunda, Tehsil Nankana Sahib, Distt. Sheikhupura. Respondent District Council is a statutory body and it held Cattle Fairs at different places in the District. The respondent intended to hold a Cattle Fair at Mor Khunda, and for this purpose, the appellants claimed, the respondent at first tried to pursuade the appellants to transfer their aforesaid leasehold land to the District Council. The appellants having refused to oblige the District Council, the latter threatened the former with forcible closure of its business. The appellants asserted that the District Council claimed that it alone was entitled to set up a market for the sale and purchase of Cattle, and no other person would be allowed to do so. As a result of this threatened interference with their lawful business the appellants instituted a suit before the Civil Judge and prayed, inter alia, for a permanent injunction restraining the respondent District Council from interfering with the lawful enjoyment of the plaintiffs' right of possession of the lease hold land and their business. Alongwith the suit the plaintiffs applied for ad interim injunction, The learned Civil Judge dismissed the application for ad interim injunction. On appeal, however, the learned District Judge set aside the order of the Civil Judge, and granted a temporary injunction in favour of the appellants. The respon dent Council succeeded in his revision petition before the High Court and the temporary injunction was set aside. Our attention has been drawn to Notification No. 2145 dated the 12th April 1962, containing "The Sheikhupura District Council Cattle Fairs Control and Management Regulations, 1961" framed under Article 91 of the Basic Democracies Order. Clause 23 of the Regulations prescribes that nobody is allowed to sell or buy any animal within the boundary of half mile from the Cattle Fair during the Fair. It has not been disputed by the appellants that the respondent District Council holds a Cattle Fair in Mor Khunda on the 28th, 29th and 30th of every month. It may be mentioned here that on account of the prolonged litigation over the grant of a temporary injunction no written statement has yet been filed by the defendant District Council in the aforesaid suit. While granting leave to appeal this Court directed that the appellants "shall not carry on their business on three days in a month, that is to say, from the 28th to 30th of each month, within a radius of half a mile of Mor Khunda where the District Council holds its fair on these days." Ch. Muhammad Anwar Buttar agrees that the appeal may be allowed in terms of the aforesaid interim order of this Court. The appeal is accordingly allowed, but without any order as to costs. The appellants are free to carry on their aforesaid business according to law on their leasehold land, but pending the disposal of the suit they shall not carry on such business within a radius of half a mile from the Cattle Fair of the respon dent District Council in Mor Khunda on the 28th, 29th and. 3Cth of each and every month. The respondent Council is directed not to put any restraint on the aforesaid business of the appellants save and except as that mentioned above. Appeal accepted.