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1979 SCMR 107

MESSRS CRESCENT I FILMS, MANGAL MANSION, ROYAL PARK, LAHORE vs

Citation1979 SCMR 107
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 204 of 1978 Civil Revision No.
Date1978-10-18
Judge(s)Nasim Hasan Shah, Sheikh Anwarul Haq, Karam Elahi Chauhan
ResultPetition dismissed

ORDER

1. NASIM HASAN SHAH, J.-This petition for leave to appeal arises out of an order dated 5-4-1978 of the Lahore High Court dismissing the peti--tioner's Civil Revision No. 412 of 1978. The revision petition was from the refusal of the trial and appellate Courts on the footing that the petitioner had failed to make out a prima facie case for the grant of temporary injunction in a suit for declaration in which it claimed to have become the owner of the property through adverse possession.

2. Earlier, an order of ejectment from the property which the petitioner claimed to be in its possession, was passed and confirmed in appeal upto the High Court against one Rafiq on the ground that he was a defaulter in the payment of rent and had sublet the premises to the petitioner. It is thereafter that the petitioner instituted a suit out of which the present proceedings have arisen.

3. Before us, the petitioner has reiterated the submissions it made before the High Court. After hearing the learned counsel appearing on behalf of the petitioner we are not inclined to take any objection to the view taken by the High Court. Besides, nothing has been. Shown to us whereby it can be inferred that in refusing temporary injunction to the petitioner the Courts had exercised their discretion illegally.

4. An exception has, however, been taken by the learned counsel to the observation made by the learned Judge in the High Court as to the competency of the petitioner's suit. Suffice it to say that such observations in an order arising in proceedings of temporary injunction are only tentative and do not prejudice the case on merits.

5. This petition fails and is, therefore, dismissed.

Cited by 1 case

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