SARDAR vs ISLAMIA COLLEGE OLD BOYS COOPERATIVE HOUSING SOCIETY
This petition for leave to appeal challenged a Lahore High Court order dismissing a revision petition regarding a suit for permanent injunction. The petitioner sought to restrain the respondent, a Cooperative Housing Society, from interfering with his possession of specific land within a joint Khata. The petitioner argued that because the respondent purchased land from a joint owner without a formal partition of the Khata, it had no right to interfere with the possession of other joint owners. The lower courts, however, held that by purchasing land from a joint owner, the respondent stepped into the shoes of that joint owner and could maintain its rights in the land. The Supreme Court observed that the findings of the lower courts regarding the temporary injunction were tentative and aligned with established legal principles governing such discretionary relief. Finding no merit in the petition, the Supreme Court refused leave to appeal, declining to interfere with the discretionary orders passed by the courts below.
- Can a purchaser of land from a joint owner of an unpartitioned Khata maintain possession rights against other joint owners?
- Does a temporary injunction application require a final determination of title or merely a tentative finding?
- Is the Supreme Court inclined to interfere with discretionary orders of lower courts regarding temporary injunctions when they align with established legal principles?
' MUNIR A. SHEIKH, ACTG. C.J.---This petition calls in question the legality of order dated 17-9-1998 of the Lahore High Court through which revision petition filed by the petitioner has been dismissed.
2. The petitioner filed suit for permanent injunction to restrain the respondent from interfering in his possession over the land measuring 11 Kanals comprising Khasra Nos.4923, 4926 and 4960. The case of the petitioner was that this land is a part of Khata which is jointly owned by more than one persons. The respondent-Cooperative Society had purchased land measuring 6 Kanals, 18 Marlas out of this joint Khata from one of the joint owners without partition of the Khata, therefore, it could not interfere in the possession of the other joint owners, therefore, it could be restrained during the pendency of the suit by temporary injunction from interfering in their possession.
3. All the Courts below have held that the respondent had purchased land from one of the joint owners of the Khata, it had stepped into the shoes of the said joint owners and could maintain its right in the land.
4. The findings recorded by the Courts below in connection with decision of application for temporary injunction which are tentative in nature are in accordance with the principles laid down by the superior Courts governing the temporary injunction, therefore, we are not inclined to interfere in the discretionary matter decided by the Courts in accordance with law.
5. For the foregoing reasons, this petition has no merits which is accordingly dismissed and leave refused.
Cited by 1 case
- Mrs. NAZIA SOHAIL vs Mst. IQBAL BEGUM and another 2016 PLJ Islamabad 239, 2016 MLD 1403