Citation Name: 2024 YLR 780 PESHAWAR-HIGH-COURTBookmark this Case Dr. NAEEM UR REHMAN vs SAEED UR REHMAN O — 2024 YLR 780 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 YLR 780 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 780 PESHAWAR-HIGH-COURTBookmark this Case Dr. NAEEM UR REHMAN vs SAEED UR REHMAN 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

Citation Name: 2024 YLR 780 PESHAWAR-HIGH-COURTBookmark this Case Dr. NAEEM UR REHMAN VS SAEED UR REHMAN O. XXXIX, Rr. 1 & 2---Specific Relief act (I of 1877), Ss. 42 & 12---Suit for declaration specific performance and possession---application for grant of temporary injunction--- Temporary injunction, grant of---Ingredients---Claim of the plaintiff was that he had purchased suit-land for which a "Tasdeeq Nama" was executed---Civil Court granted temporary injunction in favour of petitioner/plaintiff, however, the same was set-aside by the appellate Court---Validity---"Tasdeeq Nama" did not show Khata and Khasra numbers of the area of the land-in-question and the delivery of possession to the petitioner/ plaintiff---Hence, there existed neither a prima facie case nor did balance of convenience tilt in his favour---Petitioner/plaintiff had yet to prove his case on the basis of the "Tasdeeq Nama"---Question of irreparable loss in the absence of an injunctive order did not arise---Document ("Tasdeeq Nama"), in the present case had never been presented before the concerned authority for transfer of land in favour of the petitioner/plaintiff---appellate Court had rightly set-aside injunctive order passed by the Civil Court---Revision filed by the plaintiff was dismissed, in circumstances.

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