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KASHIF IQBAL vs ASGHAR ALI GHUMMAN S — 2022 CLC 2094 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 CLC 2094 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
CLC
Parties
KASHIF IQBAL vs ASGHAR ALI GHUMMAN S
Subject matter
Civil
Provisions referred to
S. 12---C; Civil Procedure Code (V of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

KASHIF IQBAL VS ASGHAR ALI GHUMMAN S.12---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Suit for specific performance of agreement to sell---Temporary injunction, refusal of---Possession of property---Scope---Case of appellant was that he had entered into an agreement to sell with the respondent as a result of which he had obtained possession of the suit property---Temporary injunction was sought restraining the respondent from interfering into the possession of appellant but the same was declined vide impugned order---Validity---At this stage, for the purpose of establishing a prima facie case, it certainly belied all logic that a huge amount was paid in cash, which came to around 98.75% of the total purported consideration qua suit property in respect of which, admittedly, a family dispute was pending---More so, when no documentary proof qua financial capacity of the appellant to have such a huge amount on the date of the agreement was appended with the plaint of the suit---Apart from the agreement, no document was appended with the plaint regarding possession of the appellant---Neither in the agreement nor in the plaint, it had been mentioned as to which specific portion of the suit property had been given to the appellant when admittedly the respondent and other co-sharers had a dispute qua the same and without partition, it was not possible to hand over possession over any specific portion to the appellant---Appellant had failed to prove prima facie case in his favour---Application for grant of temporary injunction had rightly been dismissed---Appeal was dismissed.

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