Haji ANWAR AND ANOTHER vs Haji JAMIL AHMAD AND 2 Other — 1971 SCMR 806

Citation: 1971 SCMR 806

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-09-03

Parties: Haji ANWAR AND ANOTHER vs Haji JAMIL AHMAD AND 2 Other

Headnotes

Case cited as 1971 SCMR 806

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: Haji ANWAR AND ANOTHER vs Haji JAMIL AHMAD AND 2 Other Case No.: Civil Appeal No. K-4 of 1969 Appeal No. 479 of 1966 Date of Judgment:1970-09-03 Reported As: 1971 SCMR 806 Result: Appeal dismissed JUDGMENT JUDGMENT HAMOODUR RAHMAN,C. J.----This appeal, by special leave, arises out of a suit filed by the respondent No. I and the predecessor-in-interest of the other respondents against the appellants for arrears of rent, ejectment, mesne profits and a mandatory injunction for the demolition of certain unauthorised con--structions on Plot No. 6515, Lawrence Road, Garden West, Karachi. The allegations upon which this suit was brought were that the appellants, who were in possession of plot in dispute as tenants under a deed of lease executed on the 8th of June 1955, between them and the previous owners of the land bad, in breach of the covenants of the lease, raised unauthorised construction on the said plot and were refusing either to vacate the plot or to pay the rent for the same, in spite of repeated notices. The previous owners of the plot were Burjor Manchersha Wadia and Temul Mancheresha Wadia, both Parsee adults, who had themselves purchased the plot in dispute along with other properties on the 27th of November 1947, from one, R.I Sahib Hira Lal. The latter bad acquired these properties including the plot in dispute under a grant given by the Government by…

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