1989 CLC 1529 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD TUFAIL VS FAQIR MUHAMMAD 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 ---O.XXXIX, Rr. 1, 2 & S.115--Colonization of Government Lands (Punjab) Act (V of 1912), S. 10--Temporary injunction--Basic principles and essentials for grant of--Suit for permanent injunction--Application for grant of temporary injunction against eviction from possession of suit land--Temporary injunction refused by two Courts below on the ground that plaintiff's possession was unauthorised; that plaintiffs were not entitled to relief claimed in suit and that prayer for temporary injunction was aimed at frustrating the warrants of eviction of such plaintiffs from land--Various documents accompanying the plaint were not adverted to by the Courts--Possession admittedly vested in the plaintiffs who would suffer irreparable loss in having to lose it--Consideration relating to balance of convenience appeared to be in favour of plaintiffs--Courts below failed to attend to the well-established principles of irreparable loss and balance of convenience, which were determining factors for regulating grant or refusal of temporary injunction--Exercise of discretionary jurisdiction in the manner that had been done by Courts below was in the minimum, fanciful and arbitrary, inasmuch as there was no secret made by applicants to protect their possession until the determination of their case set up in the plaint and thus, in itself, was the factor which necessitated the plea of issuance of temporary injunction--Orders of two Courts below declining temporary injunction were set aside in revisional jurisdiction by High Court--Prayer for temporary injunction to restrain eviction of plaintiffs from land and its alienation in any manner during pendency of suit, was granted.