2017 CLCN 215 KARACHI-HIGH-COURT-SINDH

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DELHI MERCANTILE MUSLIM COOPERATIVE HOUSING SOCIETY LIMITED KARACHI VS ALAMGIR WELFARE TRUST INTERNATIONAL Ss. 15 & 20---Specific Relief Act (I of 1877), Ss. 42 & 54---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Suit for declaration and permanent injunction---Temporary injunction, grant of---Suit against tenant---Scope---Landlord after filing eviction petition instituted civil suit against the tenant---Validity---No issue of addition and alteration in the suit premises could be framed in the present suit as two different courts were not supposed to decide the same issue between the same parties at the same time---If defendant was found guilty of causing damage to the suit property by making unlawful addition and alteration, he would face penal consequence of eviction before the Rent Controller---After prosecution of causing damage by addition and alteration in the suit premises by the Rent Controller, another court could not penalize defendant for damages which would amount to double jeopardy---Plaintiff had malafidely filed the present suit against the tenant and obtained ex parte orders to create some evidence to be used before the Rent Controller---Proceedings taken place in the present suit would have no bearing on the proceedings before Rent Controller who should not be influenced by any orders and report of local Commissioner in the case---Plaintiff had no prima facie case for grant of temporary injunction---Defendant had obtained the possession of premises under tenancy agreement and he was paying rent regularly---False-ceiling in the suit premises could not cause damage to the property---Restraining order would cause inconvenience and irreparable loss to the defendant---Application for grant of temporary injunction was dismissed with cost of Rs. 20,000/- to be deposited in favour of High Court Bar Clinic.