2023 YLR 1385 KARACHI-HIGH-COURT-SINDH

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Mst. IRSHAD BIBI VS SAMIULLAH NIAZI O.XXXIX, Rr. 1 & 2---Specific Relief Act (I of 1877), Ss. 39, 42 & 54---Suit for cancellation of document, declaration of title and injunction---Interim injunction, refusal of---Scope---Plaintiff filed a suit for administration, claiming that her father had purchased the property in question in the name of his nephew, which was later transferred to the plaintiff's two brothers and mother---Reason for not transferring the property to the daughters was that they were homemakers and could not attend the Registrar's office---Validity---Suit was commenced after an eviction order was passed against the plaintiff's husband in relation to the same property---Plaintiff was not able to provide convincing argument as to why the property was purchased in the name of the deceased's nephew and the reason given for not transferring it to the daughters was not sufficient---Plaintiff was not able to make out a prima facie case for an injunction---Neither the balance of inconvenience nor the irreparable loss favored the plaintiff---Application was dismissed.