| Case ID |
0028211b-9d1b-4a89-98b8-dfaa279a3b68 |
| Body |
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| Case Number |
Civil Petition No. 1813-L of 2000 |
| Decision Date |
Jul 28, 2000 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the application for the issuance of a temporary injunction during the pendency of the suit. The Court found that the petitioner failed to establish a prima facie case regarding the alleged gift deed dated 1939. The lack of any entry in the Revenue Record and the bald statement of the petitioner were deemed insufficient. The concurrent findings of the lower courts were upheld, indicating that the balance of convenience did not favor the petitioner. The orders issued by the lower courts were in accordance with established legal principles regarding temporary injunctions. Leave to appeal was refused, and the case is to be decided on its own merits without influence from this judgment. |
| Summary |
In the case of Civil Petition No. 1813-L of 2000, the Supreme Court of Pakistan addressed the issue of granting a temporary injunction. The petitioner, Dr. Maqbool Ahmed, claimed ownership of a property gifted to his grandmother in 1939 by the Amir of Bahawalpur. However, the courts below found that the petitioner did not provide adequate evidence to support his claim, particularly noting that there was no record of the gift in the Revenue Record. The Court emphasized the importance of establishing a prima facie case before granting an injunction and highlighted that the findings of the lower courts were consistent with legal standards. This case underscores the significance of proper documentation in property disputes and the rigorous scrutiny applied by courts when considering requests for temporary relief. Keywords: temporary injunction, prima facie case, property dispute, Supreme Court of Pakistan, legal standards. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUNIR A. SHEIKH,
IFTIKHAR MUHAMMAD CHAUDHRY
|
| Lawyers |
Zahid Hussain Khan, Advocate Supreme Court,
Ch. Mehdi Khan Mehtab, Advocate-on-Record
|
| Petitioners |
Dr. MAQBOOL AHMED
|
| Respondents |
PROVINCE OF THE PUNJAB through Collector, District Rahimyar Khan and others
|
| Citations |
2001 SLD 1370,
2001 SCMR 737
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
O.XXXIX, R.1 & 2,
Art. 185(3)
|