MUHAMMAD RAFIQ GAZDAR vs ADDITIONAL COMMISSIONER, KARACHI AND 3 — 1969 PLD 365

Citation: 1969 PLD 365

Court: Sindh High Court

Year: 1971

Decision Date: 1971-12-31

Parties: MUHAMMAD RAFIQ GAZDAR vs ADDITIONAL COMMISSIONER, KARACHI AND 3 JUDGMENT

Headnotes

Case cited as PLD 1969 Lah. 365

Judgment Text

Court Name: Sindh High Court Judge(s): Mir Khuda Bakhsh Marri, Ghulam Rasool K. Shaikh Title:MUHAMMAD RAFIQ GAZDAR vs ADDITIONAL COMMISSIONER, KARACHI AND 3 JUDGMENT Reported As: PLD 1972 Karachi 119 Result: Petition dismissed Judgment JUDGMENT GHULAM RASOOL K. SHAIKH, J.-This constitutional petition has been filed to challenge the order of the Additional Commissioner (respondent No. 1) passed in appeal filed by the respondent No. 4. A plot measuring 326 sq. Yds. Is situated at Police Chauki Street Sheet R. C. 4, Karachi. The temporary lease of this plot was granted to late Mr. Mohammad Hanif Gazdar father of the present petitioner by the Municipal Corporation (respondent No. 3) by Standing Committee Resolution No. 805, dated 13-10-1947. According to the petitioner the lease was granted for the construction of cheap houses. Consequently houses were constructed and given on rent to five persons. One of them sublet the tenement to respondent- No. 4 but the father of the petitioner did not recognise the sub-tenancy. On 16th March 1967 the petitioner applied to the Municipal Corporation for the grant of permanent lease for a period of 99 years on reasonable market rate. The respondent No. 4 having learnt about this request, made an application for the grant of lease of the plot measuring 98 sq. Yds. Which was in his possession. The Land Manager, Karachi Municipal Corporation summoned the contesting parties on 2-8-67 and heard them. However, the Finance Sub- Committee after…

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