1. ' This is an application under 39 Rules 1 and 2, C.P.C. The case of the plaintiff is that he was allotted a Flat No,A-13/IV on the 4th Floor of the under-construction building, Galaxy Sky Line, situated in Phase-V, Defence Housing Authority, Karachi. A copy of the letter of allotment has been produced alongwith the plaint as Annexurc-D. A copy of the payment schedule issued by the defendant has also been filed with the plaint as Anncxure-E which shows that the total consideration for the flat offered was Rs,8,35,000. The contention of the plaintiff is that he has already paid Rs,4,05,000 to the defendant by way of instalments as per Schedule of payment (Annexure-E). Copies of receipts have also been filed by the plaintiff alongwith the plaint. However, the defendant has now declined to hand over the flat to the plaintiff. A copy of notice dated the 17th May, 1990 allegedly sent by the defendant to the plaintiff has been produced which shows that the plaintiff had failed to pay one instalment in respect of the flat but the plaintiff has also filed a copy of the certificate issued by the Head Postmaster, Post Office, Defence Housing Authority, Karachi dated 22-5-1990 which shows delivery of two registered letters sent by the plaintiff to the defendant on 13-5-1990 and 14-5-1990.
2. The contention of the plaintiff is that the cheque in respect of the instalment was sent to the defendant by letter dated 13-5-1990. A copy of the telegram sent by the plaintiff to the defendant in this regard has also been annexed as Annexure-T and the letter dated 12-5-1990 by which the cheque in respect of instalment was sent to the defendant has been filed as Annexure-S. ' The contention of the defendant in the counter-affidavit is that after cancelling the allotment of the plaintiff, the defendant has allotted the flat to another person with full rights and title therein but neither a copy of the allotment order nor any receipt in respect of the payment purported to have been received from the new allottee has been filed alongwith the counter-affidavit. The defendant has also failed to give reasons in the counter-affidavit for cancellation of the allotment in favour of the plaintiff. Mr. Saeed Ahmed, however, invites my attention to Annexure-U filed by the plaintiff with the plaint which, according to him, gives reasons for cancellation of the allotment. No doubt the letter does give reasons but the reasons given by the defendant must be supported by some prima facie proof. Furthermore the reason given by the defendant has been negated by the two registered letters of the plaintiff dated 12-5-1990 and 13-5-1990 in respect of which the Certificate (Annexure-U/2) issued by the concerned Post Office has been filed by the plaintiff.
3. There, therefore, appears to be a prima facie case in favour of the plaintiff. The balance of convenience is also in his favour. Ad interim injunction is, therefore, granted as prayed against the defendant and the defendant is restrained from selling, transferring or alienating the Flat in question pending disposal of the suit.