MUHAMMAD ISRAR vs AMJAD ALI O — 2024 MLD 552 ISLAMABAD

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MUHAMMAD ISRAR VS AMJAD ALI O. XXXIX, Rr. 1 & 2---Specific Relief act (I of 1877), Ss.42, 39 & 54---Suit for declaration, cancellation of ownership and injunction---Interim injunction, refusal of---appellant/plaintiff along with the suit, had filed an application under O.XXXIX, R. 1 & 2, C.P.C., praying for an interim injunction to restrain the respondents from changing the nature of the suit properties or alienating the same---Record showed that the appellant through his suit was seeking a declaration to the effect that he along with his brothers/respondents Nos. 2 to 4 were the real owners having equal shares in the suit properties whereas respondent No. 1 was only an ostensible/benami owner of the share of appellant and remaining respondents in the said properties---appellant would have to prove that the consideration for the purchase of the suit properties was provided to him and remaining respondents in equal shares and that all the said parties were in possession of the said properties---appellant would also have to explain the motive for the execution of a benami transaction under which respondent No. 1 was made the exclusive owner of the said properties---Respondent No. 1 in his affidavit acknowledged the joint ownership of the appellant and remaining respondents---Though it was true that the affidavit dated 20.10.2004 on which the appellant and respondents Nos.2 to 4 placed heavy reliance was yet to be produced in evidence; however veracity of said affidavit was to be determined by the Civil Court at the conclusion of the trial---Not a single document was attached with the file of the instant appeal to show that the consideration for the purchase of the suit properties had been paid jointly by the five brothers---No averment was made in the suit as regards possession of the title deeds of the said properties---Stage at which the proceedings in the suit had reached, the Civil Court did not commit any illegality by dismissing the appellant's application for interim injunction---Since the dispute between the parties pertained to immoveable properties, the doctrine of lis-pendens adequately protected the appellant---appeal was dismissed accordingly.

MUHAMMAD ISRAR vs AMJAD ALI O — 2024 MLD 552 ISLAMABAD

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