ARMED DIN ANJAM vs ISMAIL AND ANOTHER — 1981 CLC 1213

Citation: 1981 CLC 1213

Court: Sindh High Court

Year: 1968

Decision Date: 1968-01-14

Parties: ARMED DIN ANJAM vs ISMAIL AND ANOTHER

Headnotes

Case cited as 1981 CLC 1213

Judgment Text

Court Name: Sindh High Court Judge(s): A. S. Farooqi Title: ARMED DIN ANJAM vs ISMAIL AND ANOTHER Case No.: Second Appeal No 42 of 1962 Date of Judgment:1968-01-14 Reported As: 1981 CLC 1213 Result: Petition dismissed JUDGMENT JUDGMENT ' This is a second appeal from the judgment of the Additional District Judge, Karachi, Mr. Hamzo Khan Qureshi, who, setting aside the judgment of the trial Court, creed the plantiffs' suit for possession of the premises in question which is a cabin attached to the shop premises and building upon a part of the Chabutra of the said shop. 2. The material facts are these, The building, in which the shop is situated, is known as `Saloojee Mansion' and was purchased by the respondent Ismail and Ahmed in the year 1948. The tenement No, 3 of this building was a shop and to this shop was attached a cabin constructed in the manner stated since the year 1946. The appellant took it in the year 1948. This tenement No, 3 was occupied by one Mohiuddin who was its tenant and was running in it a restaurant. Mohiuddin sold the running business of this restaurant to Mir Bahadur by an agreement dated 14-11-57. To that agreement was appended a note to this effect : "The purchasers shall be entitled to recover rents from the for cabin holders in the said restaurant at the seller used to do previous to this date." ' It may be noted that besides the present appellant there were three other persons who were in occupation of three different cabins attached to this…

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