MIAN SAQIB NISAR, J.--- Petitioners filed a suit for pre-emption against the respondents and also.
Moved an application for the grant of temporary injunction regarding interference in his possession. Respondents/defendants resisted the suit as also the application claiming that the petitioners had illegally and unlawfully taken over the possession of the suit rand. This application was dismissed by the learned Trial Court vide order dated 10.11.1999. An appeal filed by the petitioner has also met the same fate on 30.6.2000.
2. When confronted as to who is in possession of the suit property, learned counsel for the respondents admits the possession of the petitioners, but it is stated that their possession is unauthorized and illegal, therefore, the respondents have every right to seek the possession in due course of law. It is further contended by 'learned counsel for the respondent that no illegal or unlawful action shall be taken by the respondents to dispossess the petitioner.
3. In view of above, it is held that the respondent shall not interfere in the possession of the petitioners in illegal and unlawful manner, but at the same time, they have every right to seek possession through lawful means and in accordance with law.
4. Therefore, by setting aside the impugned orders, this petition is allowed and the respondents are directed not to dispossess the petitioners illegally and un-unlawfully otherwise than in due course of law, however, the respondents are also entitled to seek their remedy as provided by law.