1. Plaintiff is a cooperative housing society and it allotted residential plot No,B-148, Block 15, Gulshan- e-Iqbal, Karachi to one of its members Yousuf All Khan, the allottee died and his legal heirs sold the plot to Mrs. Najma Salim, defendant No,1 in the suit. Mrs. Najma Salim sold this plot to defendant No,4, ANZ Grindlays Bank Ltd. The bank started demolition of the residential structure, and the plaintiff came to know that defendant No,4 intended to construct a commercial building. With the anxiety to prevent commercial structure in residential areas and to protect the scheme of the Society to maintain separate residential and commercial areas, the Society filed this suit for declaration and injunction impleading K.D.A. And Karachi Building Control Authority also as defendants. With the suit, plaintiff filed this application for an interim injunction to restrain the defendants from acting on, and implementing the order/permission of conversion of the plot from residential to commercial and continuing with the construction of a commercial building on the plot in dispute. Contention of the learned counsel for the plaintiff is that a residential plot allotted by the Society cannot be converted into a commercial one without the no-objection certificate by the plaintiff and the plaintiff Society has not given 'no objection' in this case. It is further contended by him that a successor-in-interest is bound by the terms of lease issued in favour of the original allottee, and one of the terms of lease in this case was that the plot and the building and structure thereon shall be used for residential purposes only, and shall not be diverted to other use without the previous consent in writing of the Lessor and the Society. It is contended that such consent has not been given. It is further submitted that the conversion has not been allowed by the Lessor K.D.A. But the defendant Karachi Building Control Authority has allowed conversion of the plot as commercial, and K.B.C.A. Has no powers to do so. Learned counsel for the plaintiff submitted that under the terms and conditions of allotment, given in the allotment order, the building plan was to be routed through the Society for approval, which has not been done. On the other hand, learned counsel for the defendant No,4 ANZ Grindlays Bank, contended that the defendant No,1, from whom defendant No,4 purchased the plot, got it converted into commercial, and the conveyance deed mentions that defendant No,4 purchased it as a commercial plot. He further contended that the conversion was made with the consent of the Society/plaintiff. He has produced copy of a letter of request purported to have been addressed by the original allottee Yousuf All Khan to the plaintiff/Society in 1993 for N.O.C. Bearing an endorsement from the then Administrator of the Society conveying 'no objection' to K.D.A. Learned counsel for the plaintiff urged that the letter is forged, it does not bear genuine signatures of the allottee and it was never received by the Society. A copy of a page of Peon Book has been filed by defendant No,4, but it does not bear the number of the letter in dispute. Copy of the Conveyance Deed between defendant No,1 and defendant No,4 has been filed wherein the vendee has committed to observe, honour and abide by all the terms and conditions and stipulations contained in the Lease Deed. The 'no objection' was, allegedly, endorsed to K.D.A. In 1993. K.D.A., in their written statement, have stated that they have not commercialized the plot. K.B.C.A. Have mentioned, in their written statement, that they commercialized the plot on 14-3-1998 on the basis of 'no objection' from the plaintiff/Society under the Letter No, R-500/W.C.H.S./93 dated 15-3-1993. The letter of the Society was not addressed to K.B.C.A., and it is yet to be explained as to how they got it for use. The Conveyance Deed between defendant No,1 and defendant No,4 is, dated 4th December, 1997 and it mentions that the plot was commercial although K.B.C.A. Say that it was commercialised on 14th March, 1998. An important question is whether Karachi Building Control Authority has powers under any law to convert a residential plot into a commercial plot. For this purpose, learned counsel for defendant No,4 relied upon section 6 of Sindh Buildings Control Ordinance, 1979. According to him, this provision empowers K.B.C.A. To allow such conversion. Section, 6 of the Ordinance is with regards to approval of plan and it provides a prohibition for construction of a building without approval of the plan by K.B.C.A. And without their no objection certificate. The section does not empower the Authority to grant or withhold permission for change of use of a plot as residential, commercial or industrial etc. It remains the prerogative of the Lessor. Learned counsel for K.B.C.A. Simply argued that Government is the competent Authority. Learned counsel for the defendant K.D.A. Submitted that no relief has been claimed against K.D.A. In these circumstances of the case, plaintiff has a prima facie case for grant of an interim injunction, and balance of convenience is in favour of the Society/plaintiff. There will be an irreparable loss because in the absence of an injunction the whole scheme of the Society/Plaintiff to maintain separate residential and commercial areas would be disturbed. C.M.A. No,9425 is accordingly allowed as prayed, C.M.A. No,5668 becomes infructuous and stands disposed of accordingly.