1992 PLP 1290 (CLC)

Abdul Sadiq for Ch. Muhammad Abdul Saleem for Respondents. Date of hearing: 16th November, 1991. Civil Revision by the plaintiff is against an order of learned Additional District Judge, Lahore whereby, appeal riled by respondents was allowed and temporary injunction stopping them from raising construction on the property in dispute and its alienation further was discharged. Haji Din Muhammad owned property No.62/117 at Ahmad Block, New Garden Town, Lahore out of it, he sold 1 Kanal 3 Marlas 75 Sq.Ft. to his sons, Abdur Rahim and Muhammad Azi7, vide sale‑deed executed on 26‑1 1984 and registered on 29‑1‑1984. Haji Din Muhammad died on 7‑2‑1984. He was survived by a widow, six sons including the petitioner and respondents and six daughters. Petitioner alone riled a civil suit for cancellation of the registered sale deed said to have been executed and registered at the instance of Haji Din Muhammad. Alongwith the plaint in the suit, petitioner applied for a temporary injunction for stopping the respondents‑alienees from constructing on the property in dispute and also from further alienating it. Defendant resisted. The trial Court gave the injunctive relief on 21‑6‑1989, but in appeal preferred by. the respondents, learned Additional District Judge held' differently and vacated the interlocutory order. It is admitted that construction on the ground‑floor has already been made. There was some structure on the first floor also. Maintaining status quo in the present state of constructions is likely to weigh more heavily against the respondents. A photo showing the existing constructions on the property in suit has been filed by the respondents. Petitioner who was present in Court admitted its correctness but added that construction was raised in violation of status quo order issued by the trial Court and also during the pendency of the suit. Present was not the stage for finally commenting upon the above objection. It needed probe in the trial Court for determining its legal affect. Photo is marked `A' and made part of the file. It may also not be without interest to observe that other heirs were not impleaded as parties to the suit. In view of the above, further construction on the first floor adding to the existing construction shown in photo marked `A' shall be at the risk and. cost of respondents and shall neither affect the plaintiff's rights in the suit property nor shall it operate as a bar to the appropriate relief to which the plaintiff shall be found entitled to at the trial. It is agreed that respondents shall not alienate the property in suit till its final adjudication. Upon the above agreed premises, Civil Revision is being disposed of. There shall be no order as to costs in this Court. Trial shall be expedited. H.B.T./N‑24/L Order accordingly.