1981 PLD 545 SUPREME-COURT

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ISMAIL BROTHERS VS KAVAL RAM Specific Relief Act 1877--42 , S. 42-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-Civil Procedure Code (V of 1908), O. XXXIX, r. I-Judgment obtained by fraud-Injunction-eviction of appellant contended to have been obtained by committing fraud in proceeding under Rent Restriction Ordinance, 1959-Allegations of fraud-Generally raise mixed questions of law and fact having to be established by an elaborate inquiry-Keeping in view stage at which matter reached Supreme Court, no finding, not even determinative observations required to be made on controverted questions of law and fact raised in appeal-Controverted facts of case required to be kept in background and only broad principles of law likely to be applied in resolving such facts to be referred with a view to determine whether prima facie case existed, whether balance of convenience lay in appellant's favour and whether on refusal of interim order irreparable injury likely to result to hire-N, a son of respondent,