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MUHAMMAD HUSSAIN vs SABIR HUSSAIN O — 2024 YLR 667 Gilgit-Baltistan Chief Court

Case information

Citation
2024 YLR 667 Gilgit-Baltistan Chief Court
Year
2024
Reporter
YLR
Parties
MUHAMMAD HUSSAIN vs SABIR HUSSAIN O
Subject matter
Civil
Provisions referred to
S. 42---S

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

MUHAMMAD HUSSAIN VS SABIR HUSSAIN O. XXXIX, Rr. 1 & 2---Specific Relief act (I of 1877), S. 42---Suit for declaration--- Temporary injunction sought--- Ingredients--- Claim of the plaintiff was that he was owner-in-possession of suit-property which was transferred vide mutation (mutation-in-question) in the name of the defendant only with the condition that the same would be returned to him once he would return the amount borrowed from the defendant---application for the temporary injunction filed by the plaintiff was dismissed by the Trial Court which order was maintained by the appellate Court--- Validity--- Petitioner/ plaintiff, in order to substantiate his claim, himself had attached an attested copy of the mutation-in-question---Contents of the mutation-in-question revealed that there was no condition written in the same, rather the respondent/defendant had purchased the suit-property for consideration---Petitioner/plaintiff failed to make out an arguable case in his favour and balance of convenience was not in his favour; moreover, eventually, the petitioner/ plaintiff would win the case, the respondent/defendant would return the suit-property, as such he (petitioner) would not suffer irreparable loss if temporary injunction was not granted in his favour---Respondent /defendant, prima facie, seemed to be bona-fide purchaser of the suit-property---No illegality or material irregularity had been noticed in the impugned judgments and orders passed by both the Courts below while declining temporary injunction to the petitioner/plaintiff---Revision was dismissed, in circumstances.

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