1. ' Civil Revision by the plaintiff in the suit for cancellation of registered sale-deed is against a decision of the learned Additional District Judge of Lahore, whereby, in appeal preferred by the respondent, injunction order issued by the learned trial Court was vacated.
2. ' Property No, 62/117, situate at Ahmad Block, New Garden Town, Lahore belonged to Haji Ahmad Din.
3. Out of it, 2 Marlas 30 Sq.Ft, were sold by him to his son Abdur Rahim through a sale-deed executed on 6-2-1984 and registered on 8-2-1984. Haji Ahmad Din was an old man of about eighty yeaRs, He breathed his last on 7-2-1984. He was survived by a widow, six sons and six daughteRs, Petitioner as well as respondent were sons of Haji Ahmad Din.
4. ' Petitioner instituted a Civil suit for cancellation of sale-deed on the grounds of fraud, forgery, and impersonation. Alongwith the plaint, he submitted an application under Order XXXIX, rules 1 and 2 of Civil Procedure Code for maintaining status quo regarding construction on the. Property in dispute and its further alienation pendente lite.
5. ' The trial Court gave the desired interim relief but lower appellate Court held differently and vacated the injunction order. Except for the petitioner and respondent other heirs were not joined to the litigation. Petitioner could claim relief equivalent to his own share in the property covered by the sale-deed. It was not denied that there was no construction as yet made on the property in dispute. It was submitted that it was in use of the respondent as a passage. Since there was a serious dispute about the validity of the sale-deed by which the property in question was purportedly transferred by the late father to one of his sons near or about the time of his decease, it shall be appropriate to keep it in its present state and the respondent should be bound not to alter or change its character and alienate it further. This shall be in the fitness of things and also in the interest of both the parties. Even otherwise, subject-matter of lis is amply protected from interference by rule of lis pendens. In this view, of the matter, Civil Revision is allowed, impugned order of the learned lower appellate Court is set aside and that of learned trial Court restored.
6. There shall be no order as to costs in this Court. Trial shall / be expedited.