ABDUL WAHID vs YOUSIF — 1964 PLD 157

Citation: 1964 PLD 157

Court: Sindh High Court

Year: 1971

Decision Date: 1971-03-09

Parties: ABDUL WAHID vs YOUSIF

Headnotes

Case cited as PLD 1964 Pesh. 157

Judgment Text

Court Name: Sindh High Court Judge(s): Mir Khuda Bakhsh Marri Title: ABDUL WAHID vs YOUSIF Case No.: Civil Revision Application No, 316 of 1970 Date of Judgment:1971-03-09 Reported As: PLD 1971 Karachi 772 Result: Set aside JUDGMENT JUDGMENT This revision petition under section 115, C. P. C. is directed against a judgment and decree passed by learned Civil Judge First Class, Mirpur Khas dated 30-9-1970 in Suit No, 87 of 1969 for possession under section 9 of Specific. Relief Act, 1877, regarding a house bearing Custodian No, A/36/VI, Bhansinghabad, Mirpurkhas. 2. The petitioner's case is that he is a displaced person, and house No, A/36/VI, Bhansinghabad was first provisionally transferred to him in 1960 and a Final Transfer Deed has been issued to him by the Settlement Authorities on 4-10-1968. As, respondent Yousuf was in occupation of the house, he at the time of provisional transfer of the house became petitioner's statutory tenant, and a notice (Exh. 21) under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, demanding the rent was duly served on him on 30-4-1966 but to no avail, as in his reply dated 12- 5-1966 (Exh. 22) respondent made the short excuse that he is in occupation of house No, A/36/IV and not A/36/VI, therefore, denied any liability. Not being satisfied with the evasive reply of respondent-petitioner applied to Deputy Settlement Commissioner, Mirpurkhas, for clarification and was informed per his letter No, SC. MPS. 3709,…

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