1984 CLC 2393 KARACHI-HIGH-COURT-SINDH

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ABDUL AZIZ TAYEB VS TRUSTEES OF THE PORT OF KARACHI 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 , Transfer of Property Act 1882--112 , Transfer of Property Act 1882--113 , -- Ss. 112 & 113-Civil Procedure Code (V of 1908), O. XXXIX, rr. 1 & 2-Temporary injunction restraining from ejectment-Conditions for grant of-Defendant accepting rent from plaintiff for period subsequent to notice of eviction as such--Plaintiff' prima facie showing lease in his favour still subsisting-Balance of convenience also in favour of plaintiff as he was likely to suffer irreparable loss if he was not granted temporary injunction as he might be dispossessed while his lease prima facie subsisted-Defendants on other hand not likely to suffer any inconvenience as they would be entitled to receive lease money--Temporary injuction granted in circumstances.