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S. A. LATIF vs J. B. DUBASH AND 5 Other — 1970 PLD 220

Citation: 1970 PLD 220

Court: Sindh High Court

Year: 1969

Decision Date: 1969-08-22

Parties: S. A. LATIF vs J. B. DUBASH AND 5 Other

Headnotes

Case cited as PLD 1970 Karachi 220

Judgment Text

Court Name: Sindh High Court Judge(s): Qadeer-ud-Din Ahmad, Muhammad Haleem Title: S. A. LATIF vs J. B. DUBASH AND 5 Other Case No.: Letters Patent Appeal No. 88 of 1968 Date of Judgment:1969-08-22 Reported As: PLD 1970 Karachi 220 Result: Appeal dismissed JUDGMENT JUDGMENT QADEERUDDIN AHMAD, J.----This letters patent appeal has been filed to question the judgment of a learned Single Judge of this Court dated the 6th of May 1968, by which he dismissed an application of the present appellant in Suit No. 55 f 8 under Order XXXIX, rules 1 and 2 and section 151, C. P. C. Mr. Hafeez Pirzada says that the application was made "to restrain defendants 3 to 6 (the present respondents 3 to 6) from executing the decree in Suit No. 1579/59 pending in the Court of II Civil Judge First Class, Karachi and/or dispossessing the plaintiff in persuance of the order dated 2nd March 1968 made in the said suit until the final decision of this suit." 2. In order to understand the various pleas that have been urged it is necessary to note that the facts which, according to counsel for the parties, form the background. The facts are that the dispute relates to a premises which consists of three parts, viz., a workshop, a show-room and a loft. The tenancy of the show-room and the loft is only in question. 3. Originally, the tenant of the entire premises was Kishinchand predecessor-in-interest of defendants-respondents 3 to 6. A suit was filed against them by the landlords, who are the…

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