ABDUL SALAM vs SHARIF AHMED AND ANOTHER — 1971 PLD 687

Citation: 1971 PLD 687

Court: Sindh High Court

Year: 1971

Decision Date: 1971-04-29

Parties: ABDUL SALAM vs SHARIF AHMED AND ANOTHER

Headnotes

Case cited as PLD 1971 Karachi 687

Judgment Text

Court Name: Sindh High Court Judge(s): Abdul Qadir Sheikh, Muhammad Ali Sayeed Title: ABDUL SALAM vs SHARIF AHMED AND ANOTHER Case No.: Letters Patent Appeal No, 101 of 1970 Date of Judgment:1971-04-29 Reported As: PLD 1971 Karachi 687 Result: Appeal dismissed Judgment ORDER MUHAMMAD ALI SAYEED, J.--This letters patent appeal is directed against the Judgment of his Lordship the Chief Justice dismissing ,the appellants first appeal as not being maintainable under law. 2. The appellant had applied to the Rent Controller for being joined as an opponent in the eviction proceedings instituted by the landlord against respondent No, 2. The case of the appellant was that the second respondent had vacated the premises in dispute in the year 1950 and ever since then the appellant had been in its occupation and possession. Since the landlord's claim to ownership of the premises was referable to a transfer from the Settlement Authorities, the argument was that the appellant had acquired statutory tenancy In respect thereto by virtue of his possession being prior to 20th December 1958, irrespective of the nature of its inception. The landlord, it was alleged, had wilfully suppressed these facts and had mischievously brought his case only against the respondent No, 2 knowing fullwell that the latter was neither in possession nor was interested in defending the action. 3. The learned Rent Controller by his order dated 11-1-67, rejected the appellants motion to be joined as an opponent.…

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