IN THE COURT OF LEARNED DISTRICT JUDGE,

RAWALPINDI
1. Ishtiyaq Hussain S/O Malik Khuda Bakhsh R/O House # 42, Street #

1, Model Town Humak, Islamabad.

2. Malik Ghazanfar Hussain s/o Haji Malik Khuda Bakhsh R/O Java

Jogian. P.O. Khas, Tehsil & District Islamabad.

3. Malik Amanat Hussain S/O Malik Ghulam Qadir R/O Jhalyari Bhai

Khan, P.O., Mandra, GujerKhan.

4. Waqar Ali S/O Walayat Khan, R/O House # 25, St # 60, Sector F –

11/4 Islamabad.

5. Muhammad Saeed S/O Muhammad Yaqoob Butt, R/O, House # CB-68,

Sadaat Colony, Wah Cantt, Tehsil Taxila Dist. Rawalpindi.

6. Ch. Asad Pervaiz S/O CH Abdul Waheed R/O Chak Dakhli, P.O., Khas

Sihala, Tehsil & Dist. Rawalpindi.

7. Iftikhar Ahmad Khan S/O Muhammad Khan R/O House # 113/A, St. #

8, Najam Shaheed Road, Westridge Rawalpindi.

8. Tahir Masood S/O Muhammad Hanif

9. Khan Afsar Khan S/O Muwas Khan, House # 224, MOhallah New

Scheme, Mohanpura Rawalpindi.

10. Haroon Amin S/O Muhammad Amin R/O House # 25, St # 3,

Sector 8, Khana Kak, Rawalpindi.

11. Raja Javaid S/O Mansubdar

12. Raja Ghulam Rasool Abbassi S/O Raja Ali Qadar Abbassi R/O

Kot Hatiyal, Barakaho, The & District Islamabad.

13. Gulfraz S/O Haji Muwas Khan, R/O House # A-645, Mohallah

Arjan Nagar Rawalpindi.

14. Zahoor Abbassi S/O Zaman Khan

15. Haji Mehboob S/O Noor Din

16. Mudassar Saeed Malik S/O Muhammad Saeed Malik R/O House

No L- 635/654, Mohallah QasimAbad, Zafar Ul Haq Road, Rawalpindi.

 17. Ch. Rashid Waheed S/O Ch Abdul Waheed Chak Dakhli, P.O.,

Khas Sihala, Tehsil & Dist. Rawalpindi.

18. Sher Afzal Khan S/O Rustam Khan, R/O Mohallah Arjan Nagar

Rawalpindi.

…Appellants

Versus

1. Muncipal Corporation Rawalpindi through its Mayor. Liaqat Road

near Liaqat Baagh Rawalpindi.
2. Muncipal Officer ( Regulations) Muncipal Corporation Rawalpindi.
…Respondents

APPEAL AGAINST ORDER DATED 06-10-2022 PASSED BY

MS. TAHIRA SADIQ, LEARNED CIVIL JUDGE,

RAWALPINDI, WHEREBY THE PETITION FOR GRANT OF

AD-INTERIM INJUNCTION HAS BEEN DISMISSED

CLAIM IN APPEAL:-

To Set-aside the order dated 06-10-2022

passed by MS. Tahira Sadiq, Learned civil Judge

Rawalpindi under section 56 (d) of Specific Relief

Act, 1877, and to grant ad-interim injunction.

Respectfully Sheweth:-

That provision of mandatory notice under Order 43 Rule 3 C.P.C. has

been omitted vide Lahore High Court, Lahore Notification No.

237/Legis?XI-Y-26, dated 15-08-2018.

1. That the brief facts antecedent to instant appeal are that the

appellants are in possession of Shops # 38 - 40, 68 - 88, 94 - 114, 117

– 132, 150 – 156, 159 – 162 situated at Main Poultary Mandi Ghazni II,

Chungi No.4, Baagh Sardaaran, Rawalpindi being tenants of

 Respondent since 1998 and are regularly paying rent with 10 % annual

increase. The Respondent No. 2 served upon the appellants an

acknowledgment rather a notice stating therein that the shops were

assessed in the year 2020 and the monthly rent has been increased

600 percent since 2020 and appellants have been demanded to pay

the increased amount since 2020 without notice and without legal

procedure and through said acknowledgments it has further been

threatened by respondents that upon failure to deposit alleged 600

percent without notice increased rent since 2020 forthwith failing

which the respondent threatened to cancel the rental allotment and

shall auction through publication which is illegal and unlawful.

2. That the appellants filed petition under Order XXXIX, Rule 1 & 2 for

grant of ad-interim interim injunction restraining the respondents

from illegally dispossessing the appellants and illegally interfering the

peaceful possession of the appellants, threatening, blackmailing

unlawfully harassing the appellants in any manner whatsoever and

claiming any illegal and unlawful increase in rent from the year 2020

retrospectively and unjustified and illegal demand thereof till the

finalization of the instant suit and further requested during

arguments to restrain the respondents from violating the

jurisdiction vested in it under statute and transgressing jurisdiction

and the subject notice and demand are without jurisdiction and

unlawful while relying upon latest judgment of Honourable Supreme

Court of Pakistan cited as 2022 SCMR 584 in case titled Messers

MARDAN WAYS SNG STATION Vs GENERAL MANAGER SNGPL

and others. The learned court fell in error while mis-interpreting

section 56(d) of Specific Relief Act, 1877 and declined to grant ad-

interim injunction to the appellants, hence this appeal inter-alia on

the following:-
GROUNDS

I. That the impugned order is against the law and facts available

on record.

II. That the learned court has mis interpret the law i.e., section

56(d) of The Specific Relief Act, 1877 observing therein that

temporary injunction cannot be granted to interfere with the

public duties of any department of the Federal government or

any provincial government. It is pertinent to mention here

that injunction sought in the present case was not against

discharge of their public duties but was against exercise and

misuse of transgressed jurisdiction. Relief against which is

duly available to appellants under Order XXXIX Rule 1 & 2

while relying upon 2022 SCMR 584.

III. That it has been specifically alleged and prima facie

established in the suit that the public functionary i.e., the

respondents had acted illegally and with malafide while

demanding increased rent retrospectively and with 600

percent increase which had not been warranted by governing

law and procedure enumerated in The Punjab Local

Government Act, 2022. The provisions of section 56(d) of

Specific Relief Act are not applicable in present case and the

is placed on Judgment cited as 2017 CLC 1632.

IV. That the law require the public functionaries to act fairly and

justly in a manner not to give to anyone a cause of complaint

or being accused of biased treatment, discriminate and

partial. In case where the officials acted otherwise, then

their acts cannot be safe guarded under sec 56(d) of Specific

 Relief Act, 1877. Reliance is Placed on 2022 SCMR 595, 2022

SCMR 1532, 2020 SCMR 1957, 2014 PTD 1963.

V. That all the ingredients for grant of temporary injunction i.e.,

prima facie case, balance of inconvinence and irreparable loss

are duly in favour of appellants and are against the

respondents. The learned trial court fell in error while

passing impugned order ignoring the facts of the case.

VI. That it is well established principle of law that justice

hurried is justice buried, but the learned trial court

dismissed the petition in a hasty manner without application

of judicial mind which resulted into grave miscarriage of

justice.

VII. That the impugned order is arbitrary, mechanical in nature

and have been passed without application of judicial mind,

thus is not sustainable in the eye of law.

VIII. That the learned trial court has miserably failed to

appreciate the fact of the case and has wrongly dismissed the

petition.That as per repealed law, i.e., The Punjab Local

Government Act, 2019, any assessment shall be enforced from

next financial year. It is pertinent to mention here that if there

was any such assessment in the year 2020, the same must have

been implemented or enforced from 1st of July 2020 or 1st of July

2021, but no such assessment was ever disclosed or made in the

year 2020 as alleged in the said notice, hence said notice is forged,

against the law and without lawful authority and the said act/

notice cannot be termed as “public duties” .

IX. That the respondents are threatening the appellants to dispossess

them without lawful authority and due course of law and are

demanding unjustified arears illegally by way of blackmailing and

are constantly harassing the appellants, hence this appeal.

P R A Y E R:-

Under the given circumstances, it is most respectfully prayed that

the instant appeal may kindly be accepted and ad-interim injunction

may kindly be granted restraining the respondents from illegally

dispossessing the appellants and illegally interfering the peaceful

possession of the appellants, threatening, blackmailing unlawfully

harassing the appellants in any manner whatsoever and claiming any

illegal and unlawful increase in rent from the year 2020

retrospectively and unjustified and illegal demand thereof till the

finalization of the pending suit.

Any other Relief this Honorable Court may deem fit and proper

be also awarded to the plaintiff.

Plaintiff

Through

Ch. Waqas Ahmed Noor Taimoor Waheed Malik

Advocate High Court Advocate High Court

CERTIFICATE:-

It is certified that this is the 1st appeal filed by the appellants

on the subject matter before this Honorable Courts.

Counsel
 IN THE COURT OF LEARNED DISTRICT JUDGE,
RAWALPINDI
Ishtiyaq Hussain Versus Muncipal Corporation Rawalpindi etc.

(Appeal Against Order Dated 06-10-2022 Passed By Ms. Tahira Sadiq,

Learned Civil Judge, Rawalpindi, Whereby The Petition For Grant Of
Ad-Interim Injunction Has Been Dismissed)
APPLICATION UNDER SECTION 151 CPC READ WITH ORDER
XXXIX RULE 1 AND 2 OF CPC

Respectfully Sheweth:

1. That the applicant has filed the above titled appeal before this
Honourable Court today, the contents of which may kindly be
read as integral part of this application.
2. That for the reasons stated in appeal, the applicant has a strong
prima facie case and hopes to succeed in it.
3. That the balance of convenience also lies in favor of the
applicant.
4. That if the respondents are not restrained from their illegal and
nefarious designs, the applicant shall suffer an irreparable loss.
P R A Y E R

It, is therefore humbly prayed that instant application be

accepted and interim injunction be granted by restraining the
respondents from illegally dispossessing the appellants and illegally
interfering the peaceful possession of the appellants, threatening,
blackmailing unlawfully harassing the appellants in any manner
whatsoever and claiming any illegal and unlawful increase in rent from
the year 2020 retrospectively and unjustified and illegal demand
thereof till the finalization of the instant appeal.

Applicant

Through

Ch. Waqas Ahmed Noor Taimoor Waheed Malik

Advocate High Court Advocate High Court

 BEFORE THE LEARNED COURT OF DISTRICT JUDGE,
RAWALPINDI

Ishtiyaq Hussain Versus Muncipal Corporation Rawalpindi etc.

(Appeal Against Order Dated 06-10-2022 Passed By Ms. Tahira Sadiq,

Learned Civil Judge, Rawalpindi, Whereby The Petition For Grant Of
Ad-Interim Injunction Has Been Dismissed)
APPLICATION UNDER SECTION 151 CPC READ WITH
ORDER XXXIX RULE 1 AND 2 OF CPC

A F F I D A V I T

I, Ishtiyaq Hussain S/O Malik Khuda Bakhsh R/O House # 42,

Street # 1, Model Town Humak, Islamabad. through Attorney, do

hereby solemnly affirm and declare on oath as under:

That the contents of accompanying petition under order

39 Rules 1 & 2 Read with section 151 CPC are true and correct to

the best of my knowledge and belief and nothing material has

been kept concealed therefrom.

Deponent

Verified on oath at Rawalpindi on this 8th day of October 2022

that the contents of my above affidavit are true and correct to the

best of my knowledge and belief and nothing material has been kept

concealed therefrom.

Deponent