NAZAR HUSSAIN vs SHAH SAWAR (THROUGH HIS L. Rs.)
Nazar Hussain appellant filed an application seeking an interim injunction to restrain the respondents from raising construction over the suit land pending disposal of Appeal No. 133 of 1982. The underlying dispute arose from a gift deed executed on 31-12-1958, which was challenged by the appellant through a suit for joint possession under customary law. The suit was decreed in favor of the appellant, and successive appeals by the respondents were dismissed by the Additional District Judge and the Lahore High Court, culminating in leave to appeal granted by the Supreme Court. The core legal question concerned the protection of the subject matter of the dispute from alteration during the pendency of the appeal to prevent irreparable loss. The Supreme Court held that in the interest of justice, status quo ought to be maintained. The Court accordingly directed that no construction shall be raised on the disputed land until the final decision of the appeal, thereby establishing the principle that interim injunctive relief may be granted to preserve the property status quo during appellate proceedings.
- Whether an interim injunction can be granted to restrain construction on suit land pending the disposal of an appeal?
- Does the maintenance of status quo apply to disputed land during appellate proceedings to prevent irreparable loss?
ORDER
MIAN BURHANUDDIN KHAN, J.--Nazar Hussain appellant filed this apple--cation for restraining the respondents from raising construction over the suit land pending disposal of the Appeal No. 133 of 1982.
2. A gift was created by Qasim son of Mehr of -- share of land measur--ing 10 Kanals and 17 Marlas in favour of Shah Sawar predecessor-in-interest of the present respondents vide gift deed dated 31-12-1958. A suit was brought by Nazar Hussain for joint possession under the customary law on the ground that the donor was not competent to make the gift which was decreed vide judgment dated 15-11-65 of the learned Civil Judge, Gujar Khan. Shah Sawar filed an appeal but the same was dismissed by the learned Additional District Judge, Rawalpindi. Then R. S. A. No. 91 of 1967 was filed but the same was also dismissed by the Lahore High Court and then leave was granted by this Court vide order dated I1-10-1982.
3. Learned counsel for the appellant has urged before us that the respondents have chalked out a programme to raise construction over the suit land and for this purpose they have collected all the material and if they succeed in raising the construction the appellant would suffer irreparable loss and thus prayed for a directive to restrain the respondents to raise the afore--said construction.
4. Learned counsel for the respondent was also present and heard. We consider that in the interest of justice, status quo should be maintained. No construction shall, therefore, be raised on the disputed land until the decision of the appeal.