This petition, under section 115 of the Civil Procedure Code by Mst. Rafiqan Begum/plaintiff is directed against order passed by learned Additional District Judge. Gujrat dated 28-9-1999, whereby that Court accepted Civil Appeal No. 200 of 1999 and set aside the order of status quo issued by Court below.
2. Facts, briefly stated, giving rise to this petition are: that Mst. Rafiqan Begum/petitioner herein brought a suit under section 56 of the Specific Relief Act, against Abdul Ghani and Qaiser Sattar herein respondents for seeking permanent injunction restraining the respondents from dispossessing her from the suit house fully described in the plaint. It was argued therein that Abdul Ghani-was her father; that she had constructed the suit house with her own money; that respondent No. 1 was living with her due to fear of God; that now respondent No. 1 wanted to donate that suit house to Qaiser Sattar/respondent No.2 for ulterior purposes. Alongwith the suit an application for grant of temporary injunction was also moved. The suit as well as the application were resisted. Abdul Ghani took up the stand that Mst. Rafiqan Begum was his daughter and living with him in the suit house. The application for grant of temporary injunction was allowed by the Court below and so a status quo order was passed. This happened on 11-1-1999. Against this order Abdul Ghani and other preferred an appeal P successfully. The same was allowed vide impugned order, dated 8-9-1999. The learned Appellate Court found that the petitioner was the daughter of Abdul Ghani; that the suit house prima facie belonged to him; that she had failed to produce any document in support of her entitlement. This is how, this petition has come to this Court.
3. Learned counsel for the petitioner contended that the learned Appellate Court had set aside the well-considered order of the Court below without any reason any rhyme; that the petitioner was owner in possession of the suit house; that she possessed a considerable prima facie case with balance of convenience in her favour. On the strength of abovesaid, it is stated that the impugned order is without jurisdiction.
4.I have heard the learned counsel at considerable length, perused the record and attended to his contentions with care. As regards, relationship between the parties there is no dispute that Mst.
Rafiqan Begum is the daughter of Abdul Ghani respondent No. 1 and respondent No. 2 is son of real brother of Abdul Ghani. There is also no dispute that Mst. Rafiqan and Abdul Ghani live in the some house. The question as to whether the house belongs to Mst. Rafiqan Begum, she has not produced an iota of evidence to show her entitlement. This being the position I find no merit in this petition.
The decision rendered by the learned Appellate Court is eminently correct, just and does not suffer from any error calling for interference by this Court. The revisional jurisdiction is no way of inequitable character. No equitable jurisdiction can be invoked in favour of a defiant daughter.
5. For the reasons stated above, this petition is without any merit and is hereby dismissed in limine.