IMPERIAL DYEING AND PRINTING MILLS, KARACHI vs SAFDAR ALI — 1971 PLD 778

Citation: 1971 PLD 778

Court: Sindh High Court

Year: 1971

Decision Date: 1971-04-12

Parties: IMPERIAL DYEING AND PRINTING MILLS, KARACHI vs SAFDAR ALI

Headnotes

Case cited as PLD 1971 Karachi 778

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Ali Sayeed Title: IMPERIAL DYEING AND PRINTING MILLS, KARACHI vs SAFDAR ALI Case No.: Second Appeal No, 38 of 1971 Date of Judgment:1971-04-12 Reported As: PLD 1971 Karachi 778 Result: Appeal accepted JUDGMENT JUDGMENT This is a tenant's 2nd appeal under section 15(4) of the West Pakistan Urban Rent Restriction Ordinance, 1959 (hereinafter referred to as the Ordinance). On or about the 14th of September 1966, the respondent, claiming to be the landlord of the disputed premises, filed an ejectment application before the Controller, Karachi against the present appellant seeking his ejectment on the ground that the appellant had made unauthorised constructions and that he was not ready and willing to pay the rent which was in arrears for a period of 68 months. 2. In the array of parties the tenant was described as "Messrs Imperial Dyeing and Printing Mills (Proprietary concern through its Proprietor Mr. G. A. Karim)". In November 1967, the appellant filed their written statement in reply to the application and the sole proprietorship character of the tenant was not disputed. On 29th of January 1968, G. A. Karim who was described as proprietor of the appellant concerned died. No action was taken by the landlord/respondent to bring on record the legal representatives of G. A. Karim. Eventually on the 2nd of February 1970, the Advocate for the appellant moved an application before the Controller informing him that the proprietor of…

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