SHER MUHAMMAD Versus GOVERNMENT OF SIND, KARACHI

1. _ This revision application is directed against the two concurrent judgments, of the Courts below whereby the Courts refused to grant temporary injunction in favour of the petitioner/ plaintiff during ‑the pendency of his suit. The only contention raised by the learned counsel for the petitioner is that the salt lake which has been leased out by respondents Nos. 1 to 3 in favour of respondent No.4 comprised some of the land belonging to the petitioner. It may be mentioned here that a report was called for by this Court from the Mukhtairkar. Sinjhoro, who in his report has stated that a part of the lake comprised some of the holding of the petitioner, his deceased's father and his other family members. The fact that some part of the land belonging to the petitioner has gone under the lake is not sufficient ground for grant of temporary injunction as according to section 51 of the West Pakistan Land Revenue Act, relied upon by the learned counsel for the petitioner, in such an event the petitioner is entitled to claim compensation from the Government in respect of such land which is to be determined as nearly as possible in accordance with the provisions of Land Acquisition Act. There being another remedy available to the, petitioner which could afford pecuniary compensation for such a wrong done by the Government functioneries, on this ground alone the temporary injunction could not have been refered to the petitioner. In any case it is still open to the petitioner to either amend the suit or to claim appropriate relief against the Government if some part of his land has been taken over by the Government in the process of allocation of Salt Lake right to respondent No. 4. The injunction was rightly refused by the Courts below and no case for interference is made out. The revision application is accordingly dismissed but there will be no order as to costs.

2. H . B . T . /S‑138/ K Interference‑ declined