FAROOQ ARSHAD vs Mst — 2022 MLD 1411 LAHORE-HIGH-COURT-LAHORE

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FAROOQ ARSHAD VS Mst. SHAZIA WASEEM Ss.12, 42 & 54---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Constitution of Pakistan, Art.199---Constitutional petition---Interim injunction---Suit for specific performance of agreement to sell, declaration and injunction was filed by respondents / plaintiffs---Interim injunction declined by Trial Court was allowed by Lower Appellate Court to respondents / plaintiffs---Validity---All three factors leaned prominently and conspicuously in favour of respondents / plaintiffs---Lower Appellate Court rightly granted interim relief to respondents / plaintiffs---All and any correspondence with respect to development of societies to and from regulatory authorities and administrative departments of government took place between deceased predecessor-in-interest of respondents / plaintiffs---In all such correspondence, it was deceased predecessor-in-interest of respondents / plaintiffs who was mentioned and acknowledged as a Developer---Names of petitioners / defendants were not mentioned anywhere in such correspondence---All amounts deposited by way of dues were deposited by deceased predecessor-in-interest of the respondents / plaintiffs and not petitioners / defendants---All three alive witnesses supported oral agreement to sell and respondents / plaintiffs had a prima facie case---Petitioners / defendants had already resorted to selling plots on their own, balance of inconvenience also tilted in favour of respondents / plaintiffs---High Court modified the order passed by Lower Appellate Court and allowed sale in respect of 50% plots on commercial side and 50% plots on residential side to petitioners / defendants---Such sale was subject to confirmation by Trial Court during pendency of the suit---Constitutional petition was dismissed accordingly.

FAROOQ ARSHAD vs Mst — 2022 MLD 1411 LAHORE-HIGH-COURT-LAHORE

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