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2002 SCMR 1196

ALLAH DITTA and another vs MUHAMMAD ASLAM

Citation2002 SCMR 1196
CourtSupreme Court of Pakistan
Case No.C.R. No,2082 of 1997 Civil Petition No,61-L of 1999
Date2002-02-14
Judge(s)Faqir Muhammad Khokhar, Munir A. Sheikh
ResultLeave granted

' MUNIR A. SHEIKH, J.---Application for issuance of temporary injunction filed by the petitioners alongwith the suit for permanent injunction to restrain the respondent to use exclusively internal passage to reach Chah which is situated in Killa No,40/7 was dismissed by the trial Court which order was upheld in appeal filed by them before the First Appellate Court. Both these orders have further been confirmed by the learned Judge of the Lahore High. Court through the judgment impugned in this petition dated 17-11-1998 whereby revision petition has been dismissed

2. In paragraph 1 of the plaint, the petitioners did not claim that land comprising Killa No,40/7 in which the said Chah is situated was owned by them. It was also not pleaded that Killa No,40/6 was also owned by them which was adjacent to the said killa. According to the entries in the Revenue Record, uptil today, the said Chah is present at the spot whereas according to the case made out by the petitioners in the plaint the same had been abandoned long time ago.

3. All the Courts below have come to the conclusion that the petitioners had failed to establish existence of prima facie case for issuance of temporary injunction, it was not made out that the respondent was not the owner of the land in which Chah was situated and that the Chah had already been abandoned or that the respondent had no right to approach the said Chah from the said internal passage which the petitioners want to use exclusively.

4. No case has been made out for interference by this Court in the well-reasoned discretionary order passed by the Courts below which are strictly in accordance with the principles laid down by the superior Courts relating to issuance of temporary injunction. Reference may be made to the case of Shahzada Muhammad Umar Beg v. Sultan Mahmood Khan and another (PLD 1970 SC 139).

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

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