M.A. ZAFAR, J. --- Sunshine Service Limited Lahore through its Chief Executive has filed, this appeal against the order dated 29.11.2008 whereby the learned Trial Court permitted respondent to get police assistance for getting possession of Restaurant Hall in an area of 2984 square feet situated on the Motorway Service Area, Kallar Kahar, North at 223 K.M, Lahore.
2. Brief facts of the case are that petitioner was granted license to run restaurant in the left hall of the premises vide license dated 4.5.2004. The license expired on 30.6.2008; accordingly, expiry notice followed by a legal notice, was issued to the petitioner by Daewoo Pakistan Motorway Service Ltd. (DPMSL) for vacation of the premises within fifteen days, as per terms of the license agreement dated 4.5.2004. In order to avoid handing over the site in question on 28.6.2008 petitioner filed a suit in the Court learned Civil Judge, Chakwal, alongwith the suit an application under Order 39, Rules 1 & 2, C.P.C. For the grant of temporary injunction was filed on the ground that petitioner is a lease holder and his rights were protected under the law to retain the possession.
Written statement and written reply to the suit as well as application for temporary injunction was filed by respondent No. 1 (DPMSL) and the learned Civil Judge Chakwal vide order dated 5.9.2008 accepted the application and granted temporary injunction during the pendency of the suit.
3. Feeling aggrieved from the order dated 5.9.2008 passed by the learned Civil Judge, Chakwal, respondent No. 1 (DPMSL) filed an appeal (FAO No. 59 of 2008) in this Court and the same was accepted vide order dated 12.11.2008 holding that license period had already expired and the licensee has no vested right to continue in possession under the cover of interim injunction.
Consequently application for temporary injunction under Order 39, Rules 1 & 2, C P.C. Was dismissed.
4. After the judgment passed by this Court in FAO No. 59 of 2008 titled as DPMSL v. Sunshine Service Ltd. Arising out of connected suit, respondent No. 1 moved an application in a suit filed by him to restrain, petitioner to operate and run Palace Restaurant of left hall of the Motorway Service Area Kallar Kahar North till the pendency of the suit and from creating any hindrance in case of closure of the business.
5. After the order passed by this Court in the above noted FAO, the order dated 29.11.2008 passed by learned Civil Judge, Chakwal is just and proper and appellant has no right to retain the possession as his position is of a licensee and his period of license has already expired as far back as on 30.6.2008. Resultantly, there is no force in this appeal and the same is accordingly dismissed in limine.