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2002 SCMR 2002

ALLAH BAKHSH and others vs PROVINCE OF PUNJAB and others

Citation2002 SCMR 2002
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos.178 and 179-L of 2000
Date2002-04-11
Judge(s)Faqir Muhammad Khokhar, Khalil-ur-Rehman Ramday, Munir A. Sheikh
ResultPetition dismissed

MUNIR A. SHEIKH, J.---By this common judgment, we propose to decide Civil Petitions Nos.178-L and 179-L of 2000 involving identical questions of law and facts.

In the suit filed by the petitioners, an application was made for issuance of interim injunction to protect their possession over the land in dispute. Their case was that the land in dispute was given to them on lease under the temporary cultivation scheme for a period of five years. The possession was not delivered to them because another person was occupying the same as trespasser. After the said land was vacated by him, the petitioners took over the land in the year 1994. The period of lease was five years. According to them, the period of lease was extended by the Additional Commissioner which too expired in 1999.

2. In the year 1999, the present suits were filed from which these petitions have arisen and the Courts below have declined to issue temporary injunction in favour of the petitioners, for their possession over the land at present and also at the time of institution of the suits was illegal.

3. Learned counsel for the petitioners has not been able to satisfy us that the Courts below have committed any illegality in declining to issue temporary injunction, for the petitioners of their own showing at present have no right to retain possession over the land after the expiry of the lease period from the date of taking over of possession in the year 1994, for even the extended period has also expired.

4. For the foregoing reasons, this petition has no merits which is accordingly dismissed and leave refused.

Cited by 3 cases

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