QAMAR ALTAF vs The COMMISSIONER MULTAN Ss — 2022 PLC(CS) 109 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PLC(CS) 109 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PLC
Parties: QAMAR ALTAF vs The COMMISSIONER MULTAN Ss
Subject matter: Criminal
Provisions referred to: S. 42; Civil Procedure Code (V of 1908); Specific Relief Act

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

QAMAR ALTAF VS The COMMISSIONER MULTAN Ss.42 & 53---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Interim injunction---Concealment of facts---Respondent was compulsorily retired on charge of corruption and his allotment of government residence was cancelled---Suit for declaration/permanent injunction was dismissed by civil court---Respondent preferred appeal and injunctive order was passed---Respondent contended that he had preferred appeal against his compulsory retirement which was pending before Tribunal---Validity---Held, there was no entitlement to government accommodation save in accordance with allotment policy of the concerned government---No provision existed in the Policy Governing Allotment of Residential Government Accommodation, allowing retention of government accommodation till decision of any service appeal against compulsory retirement---Discretionary relief under S.42 of Specific Relief Act, 1877, could be provided only when party was able to establish its entitlement to any legal character/right in property---Injunctive order was passed by Appellate Court mechanically without considering essential ingredients governing the grant of injunction in civil cases---Injunctive order was obtained while concealing facts relating to filing/pendency of first appeal which was withdrawn by respondent immediately after grant of interim injunction in his second appeal---Inequitable conduct of respondent disentitled himself for the grant of equitable relief---Constitutional petition was disposed of accordingly.

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