MEHMOOD MAQBOOL BAJWA, J. --- Legality of order dated 03.03.2010 and judgment dated 23.12.2010, recorded by the learned Civil Judge as well as learned Additional District Judge, Hafiz Abad respectively has been called in question by the petitioners whereby both the Courts below dismissed application of the petitioners for grant of temporary injunction in the suit for declaration and perpetual injunction.
2. Necessary facts resulting in filing of present revision petition are that the present petitioners instituted suit for declaration and perpetual injunction claiming proprietary and possessory rights in respect of land, reference of which has been made in Paragraph 1 of the plaint falling in the share of petitioner No. 1 due to exchange between the adversaries. Asserted that petitioner No. 1 was illiterate who was exploited at the instance of respondent No. 1 who got entered land comprising of khasra Nos. 1740, 1804, 1814 and 1815 in the registered exchange deed. Maintained that though the respondent No. 1 got the said khasra numbers entered in registered exchange deed but the same remained in possession of the petitioners since today. Submitted that application for grant of temporary injunction claiming relief to protect their possessory rights was dismissed by both the Courts ignoring material available on record. Submitted that Revenue Record substantiates case of the petitioners regarding their possessory rights and as such both the Courts exercised jurisdiction vested in it illegally and with material irregularity.
3. Repelling arguments, learned counsel for contesting respondents maintained that the exchange deed is registered document and as such petitioner No. 1 cannot be permitted to question the genuineness of said document executed in March, 1990 by instituting suit for declaration in the, year 2009. Further maintained that the petitioners failed to substantiate their contention regarding possessory rights and as such the conclusion drawn by both the learned Courts vide order impugned and judgment is hardy subject to any exception.
4. It is not disputed that there was exchange of land between petitioner No. 1 and respondent No. 1 by way of registered instrument dated 05.03.1990 upon the strength of which, later on, mutation was entered and duly sanctioned. Genuineness of registered instrument has been questioned by the petitioners. It is not disputed that exchange was witnessed through registered instrument to which sanctity is attached and cannot lost sight in routine in view of the allegation of its genuineness as held in Mirza Muhammad Sharif and 2 others v. Mst. Nawab Bibi and 4 others (1993 SCM R 462) and Muhammad Idrees and others v. Muhammad Pervaiz and others (2010 SCM R 5).
Strong and exceptional type of evidence is required to question the genuineness of such type of document which admittedly is not available at this stage for which purpose the petitioners have to adduce evidence and as such they failed to suggest prima facie case in their favour. Entries in Khasra girdawari cannot advance plea of the petitioners keeping in view status of present petitioners. It is well-settled law that for grant of temporary injunction all the three conditions must co-exist. As the petitioners have not been able to show prima facie case in their favour, therefore, it is not necessary to deal with the remaining two ingredients i.e. Irreparable loss and balance of inconvenience. Even if it is presumed that balance of inconvenience and irreparable loss lies in favour of the petitioners, it would be of little help to grant relief to the petitioners as the petitioners have no prima facie case at-all.
5. Revisional jurisdiction can be exercised in case of non-assumption, illegal assumption or exercise of jurisdiction illegally or with material irregularity.
Pursuant to above discussion, the petitioners have failed to point out such jurisdictional defect within the meaning of Section 115 of The Code of Civil Procedure, 1908 warranting no interference by this Court resulting in dismissal of the revision petition.
Civil revision .