2002 MLD 808 KARACHI-HIGH-COURT-SINDH

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ANJUMAN FALAH WA BEHBUD VS FEDERATION OF PAKISTAN Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--3 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965 ----Ss.3, 4 & 5---Sindh Katchi Abadis Act (II of 1987), S.19---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Specific Relief Act (I of 1877), Ss.42 & 54---Suit for declaration and permanent injunction--Interim relief---Application for-~--Members of plaintiff Association were unauthorised occupants of land owned by the defendant-Authorities were served with show-cause notice for their eviction---Plaintiff-Association filed suit against defendant-Authorities contending that some land in disputed block had been notified as Katchi Abadi and area in occupation of its members would also be notified as Katchi Abadi as case was under process---Authorities had clearly stated that area to dispute did not qualify for declaration as Katchi Abadi and also that they did not intend to issue any "No-Objection Certificate" in that respect---No notification declaring the area in question as Katchi Abadi had so far been issued under law---Plaintiff-Association, in circumstances, had failed to make out any prima facie case for grant of interim relief---Balance of convenience did not lie in favour of plaintiff-Association and occupant of disputed land who had no legal right to occupy same, would not suffer any irreparable loss and injury if action was taken for their eviction in accordance with law---Application for grant of interim relief was dismissed in circumstances.