2002 PLP 1298 (SCMR)
SARDAR‑‑‑Petitioner Versus ISLAMIA COLLEGE OLD BOYS COOPERATIVE HOUSING SOCIETY LIMITED‑‑‑Respondent
| Citation | 2002 PLP 1298 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Munir A. Sheikh, Actg. C.J. and Faqir Muhammad Khokhar, J |
| Parties | SARDAR‑‑‑Petitioner Versus ISLAMIA COLLEGE OLD BOYS COOPERATIVE HOUSING SOCIETY LIMITED‑‑‑Respondent |
| Primary Law | Specific Relief Act (I of 1877)‑‑‑ |
Q1: What are the key laws and sections cited in 2002 PLP 1298 (SCMR)?
This judgment primarily cites: Specific Relief Act (I of 1877)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 1298 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Munir A. Sheikh, Actg. C.J. and Faqir Muhammad Khokhar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 1298 (SCMR) (SARDAR‑‑‑Petitioner Versus ISLAMIA COLLEGE OLD BOYS COOPERATIVE HOUSING SOCIETY LIMITED‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Jehangir A. Jhoja, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner.
- Nemo foR Respondent.
- Date of hearing: 15th February, 2002,
Headnotes / Summary
(On appeal from the judgment dated 17‑9‑1998 of the Lahore High Court passed in_C.R. No. 1469 of 1998). ‑‑‑‑S. 54‑‑‑Civil Procedure Code (V of 1908), O.XXXIX, Rr.l & 2‑‑ Constitution of Pakistan (1973), Art. 185(3)‑‑‑Interim injunction, grant of‑‑ Purchase of land out of joint Khata without its partition‑‑‑Suit for permanent injunction was filed to restrain the defendant from interfering in. the possession of the plaintiff‑‑‑Courts below declined to grant interim injunction in favour of the plaintiff as the defendant had purchased the suit‑land from joint owner out of joint property‑‑‑Validity‑‑‑All the Courts below had found that the defendant had purchased land from one of the joint owners of the Khata, and had stepped into the shoes of the joint owners and could maintain its right in the land‑‑‑Findings recorded by the Courts below on application for temporary injunction which were tentative in nature were in accordance with the principles governing the temporary injunction ‑‑‑‑‑Supreme Court declined to interfere in the discretionary matter decided by the Courts in accordance with law‑‑‑Leave to appeal .was refused.
Judgment & Decree
MUNIR A. SHEIKH, ACTG. C.J.‑‑‑This petition calls in question the legality of order dated 17‑9‑1998 of the Lahore High Court through which revision petition filed by the petitioner has been dismissed.
2. The petitioner fled suit for permanent injunction to restrain the respondent from interfering in his possession over the land measuring 11 Kanals comprising Khasra Nos.4923, 4926 and 4960. The case of the petitioner was that this land is a part of Khata which is jointly owned by more than one persons. The respondent‑Cooperative Society had purchased land measuring 6 Kanals, 18 Marlas out of this joint Khata from one of the joint owners without partition of the Khata, therefore, it could not interfere in the possession of the other joint owners, therefore, it could be restrained during the pendency of the suit by temporary injunction from interfering in their possession.
3. All the Courts below have held that the respondent had purchased land from one of the joint owners of the Khata, it had stepped into the shoes of the said joint owners and could maintain its right in the land.
4. The findings recorded by the Courts below in connection with decision of application for temporary injunction which are tentative in nature are in accordance with the principles laid down by the superior Courts governing the temporary injunction, therefore, we are not inclined to interfere in the discretionary matter decided by the Courts in accordance with law.
5. For the foregoing reasons, this petition has no merits which is accordingly dismissed and leave refused. Q. M. H. /M. A. K./S‑180/S Petition dismissed.