1992 PLP 1502 (CLC)

Date of hearing: 28th May, 1991. The dispute in this Revision Application relates to a premises bearing NoA7‑10‑S‑41 (Old No. 943‑944) and situated in Agra Taj Colony. A number of people have occupied land unauthorisedly and raised construction in Agra Taj Colony. Karachi Municipal Corporation, respondent No.3, therein have taken upon themselves to regularise such occupations by granting them leases on the basis of possession and other considerations. Since the property in dispute was claimed by the applicant and Ghulam Haider, respondent No.l, the lease in respect of said property has not been granted to any one as yet. It appears that in the year 1985 respondent Ghulam Haider filed a Rent Application seeking ejectment of applicant, Aziz Hussain claiming him to be his tenant of the premises mentioned above. While this rent case was pending before the Rent Controller, the applicant filed a suit for declaration and injunction in respect of the same premises. The 'suit was resisted by respondent Ghulam Haider and ultimately suit was dismissed. Applicant Aziz Hussain filed an appeal against the dismissal of his suit and his appeal was registered as Civil Appeal No.10 of 1990 in the Court of Fifth Additional District Judge Karachi (South). During the pendency of this appeal, applicant applied for grant of an interim injunction under Order 39 Rule 1 & Z, C.P.C. The appeal Judge by his order passed on 26‑3‑1990 rejected it. It is against this last order that the present application under section 115, C.P.C. has been filed. Mr. A.Z. Shams, Advocate appearing for the applicant, stated that respondent Ghulam Haider succeeded in the rent case and obtained order of ejectment of the applicant from the said premises. The applicant did not succeed in the appeal filed by him before this Court. He then took the matter to the Supreme Court of Pakistan where his appeal is pending. He has been able to obtain a stay order from the Supreme Court in his favour. In spite of such stay order in favour of the applicant he contends that he is entitled to grant of an interim injunction pending his appeal before the Vth Additional District Judge Karachi (South). Nobody has appeared today for the respondents. The admitted position in this Revision Application is that the matter is pending before the Hon'ble Supreme Court of Pakistan where the applicant has succeeded in obtaining stay order against the order of the judgment passed by the Rent Controller and the applicant will not be ejected till the decision of Hon'ble Supreme Court of Pakistan. Besides the applicant in view of the decision of the Rent Controller and pendency of appeal before the Supreme Court of Pakistan will not be entitled to grant of injunction being barred by the provision of law contained in section 56 of the Specific Relief Act. No other ground for exercise of revisional jurisdiction has been urged by the Advocate appearing for the applicant. This revision application merits no consideration and is dismissed with costs. Mr. A.Z. Shams, Advocate for the applicant, states that since the appeal filed by the applicant is pending before the Appellate Court, a direction may be made for its expeditious disposal. This request appears to be reasonable and it is directed that the Fifth District Judge Karachi (South) shall decided the appeal within a period of 3 months from today. H.B.T./A‑1082/K Revision dismissed.