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2001 MLD 1536

FAIZ BAKHSH And Others vs Mst. KANIZ FATIMA And Other

Citation2001 MLD 1536
CourtLahore High Court
Case No.Civil Revision No. 140 of 1999/BWP,
Date1999-06-24
Judge(s)Syed Najam-ul-Hasan Kazmi
ResultRevision dismissed

This order will dispose of C.R. No. 140 of 1999 which calls in question order dated 6-1-1999 of the learned Civil Judge, Liaqatpur, on application for grant of temporary injunction.

2. Petitioners filed a suit for specific performance of an agreement of sale claiming that the respondents had agreed to sell the land in issue in their favour vide agreement dated 25-6-1995.

Application for grant of temporary injunction was also moved. The learned Civil Judge declined the grant of injunction to the extent of possession but, however, alienation of the property was stayed.

3. Learned counsel for the parties have been heard.

4. Perusal of the pleadings indicates that execution of agreement of disputed land and that plea of delivery of possession in part performance of agreement of sale is also under issue. In this view of the matter, the learned Civil Judge was justified in declining the injunctive relief qua possession. If the petitioners were entered as lessees in the Revenue Record, the respondents could not be restrained from taking legal steps for charging the rent and mesne profit. The refusal to grant injunctive relief in regard to possession cannot be objected to for any valid reason.

5. There being no substance in this revision petition the same is accordingly dismissed.

6. It is, however, directed that the main suit shall be decided by the learned Civil Judge within three months. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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