2000 CLC 1546 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD YAQOOB VS MOHSIN Specific Relief Act 1877--12 , Specific Relief Act 1877 ----S. 12---Civil Procedure Code (V of 1908), O.XXXIX, Rr.l & 2---Sindh Rented Premises Ordinance (XVII of 1979), S.12---Interim injunction, grant of---Suit for specific performance of agreement to sell--=Order of ejectment of plaintiff from the suit property was passed by Rent Controller--Contention by plaintiff was that there was an agreement to sell in favour of the plaintiff qua suit property and ejectment of the plaintiff from the suit property would create hindrance in execution of decree which might be passed in favour of plaintiff---Validity---Plaintiff was not entitled to resist his eviction as the same had been ordered by a competent forum of Rent Controller---Defendant was directed not to create any third party interest in the suit property nor would part with the possession of the suit property--Such direction was made subject to deposit of balance consideration amount by the plaintiff---Application for grant of interim injunction against order of eviction was disposed of accordingly.