1709/2014 Suit Malik Muhammad Riaz & another. (Plaintiff) V/S Mrs. Farhat Imrana & another. (Defendant)
Bench: Hon'ble Mr. Justice Nazar Akbar
1709/2014 Suit Malik Muhammad Riaz & another. (Plaintiff) V/S Mrs. Farhat Imrana & another. (Defendant) Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 09-JAN-15
Specific Relief Act (I of 1877)--- ----Ss. 42, 54 & 56 (a) & (b)---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Cantonments Rent Restriction Act (XI of 1963), S.17(2)---Suit for declaration and permanent injunction---Tenancy agreement---Temporary injunction, grant of---Scope---Plaintiff had sought restraining orders against the defendant from claiming any rent of suit property from him and restraining of relevant proceedings pending in the other court---Validity---Plaintiff was bound by the terms and conditions of tenancy agreement---Plaintiff would become illegal occupant of the premises if he denied rent of the same---Illegal occupant of immovable property could not restrain the owner from recovery of possession of said property by application of law---Plaintiff had no prima facie case to maintain injunction against the proceedings of Rent Controller in accordance with law---Application for grant of temporary injunction was dismissed in circumstances.