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MALIK AFREEN vs AHLIAN-E-HANDARAP O — 2022 YLR 518 Gilgit-Baltistan Chief Court

Case information

Citation
2022 YLR 518 Gilgit-Baltistan Chief Court
Year
2022
Reporter
YLR
Parties
MALIK AFREEN vs AHLIAN-E-HANDARAP O
Subject matter
Civil

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

MALIK AFREEN VS AHLIAN-E-HANDARAP O. XXXIX, Rr. 1 & 2---Specific Relief act (I of 1877), Ss. 42 & 54---Suit for declaration and permanent injunction---Temporary injunction, refusal of---Scope---Plaintiffs sought temporary injunction and right to graze their cattle in the disputed pasture till decision in the suit---Validity---Plaintiffs by dint of an agreement, allegedly executed between the then Raja and father of the plaintiffs, were claiming rights of grazing of their cattle in the suit pasture---Plaintiffs had filed an unattested copy of the agreement which was neither obtained from the proper office/Custodian of said agreement viz. a.C. office, the then assistant Political agent Office nor from record room of D.C., the then Political agent Office, thus veracity of the document was highly doubtful---Residents of the village in which the pasture existed were not party to agreement, thus, the agreement was not binding on them---Government had also cancelled the so-called agreement---Prima facie arguable case did not lie in favour of the plaintiffs and balance of convenience was also not in their favour---Plaintiffs would not suffer irreparable loss if temporary injunction was not granted as they had their own pastures in their relevant district---Revision petition was dismissed.

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