1995 MLD 352 KARACHI-HIGH-COURT-SINDH

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MOHIB-E-ALI VS SHAHID HAFEEZ Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--2 , ----O.XXXIX, Rr.l & 2---Suit for specific performance of agreement--Request for ad interim injunction---Validity---Plaintiff's father being tenant his ejectment from property in question was ordered by Rent Controller---Order of ejectment attaining finality by affirmation of such order by Supreme Court---Plaintiff, thereafter, filing suit for specific performance of agreement to sell allegedly executed by defendant (one of the landlords) and putting in application for ad interim injunction that he should not be dispossessed till decision of his suit---Validity---Admittedly father of plaintiff, at the time of alleged execution of agreement to sell, was in possession as tenant; if plaintiff had taken over possession from his father, same was unauthorised possession and he would be liable to be evicted in execution of order of ejectment passed against his father---Grant of injunction in such case would amount to bringing the order of ejectment to naught---Plaintiff had to establish prima facie his assertion that alleged agreement to sell was executed between the parties--Plaintiff had not claimed in plaint to be in actual or constructive possession and agreement to sell also did not vest any right to possession of property in question, in plaintiff---Plaintiff, therefore, would-not suffer -any irreparable loss if injunction was refused---Balance of convenience was also not in favour of plaintiff but was rather in favour of defendant who would be deprived of reaping fruits of eviction order obtained after long ordeal---Ad interim injunction was refused in circumstances.