Mst. SHIRINBAT vs SALEEM JAMAL AND 7 Other — 1969 PLD 474

Citation: 1969 PLD 474

Court: Sindh High Court

Year: 1969

Decision Date: 1969-12-23

Parties: Mst. SHIRINBAT vs SALEEM JAMAL AND 7 Other

Headnotes

Case cited as PLD 1969 Kar. 474

Judgment Text

Court Name: Sindh High Court Judge(s): Durab Patel Title: Mst. SHIRINBAT vs SALEEM JAMAL AND 7 Other Case No.: Suit No. 129 of 1963 Date of Judgment:1969-12-23 Reported As: PLD 1970 Kar 657 Result: Q. JUDGMENT JUDGMENT The plaintiff is the owner of a property bearing Survey No. 21, sheet S. B. 4 situated on the corner of Invararity Road and Elphinstone Street, Karachi. There is a multi-storeyed building on this property. The second and third floors and the terrace of this building (hereafter called the said premises) are occupied by a hotel known as the Excelsior Hotel and the dispute in this suit relates to the said premises. 2. According to the plaint, in 1957, this property consisted of a double-storeyed building and Shaikh Jamal Din, the first defendant, now deceased (hereafter called the deceased) was a tenant in the said building in which he ran a hotel known as the Regent Hotel. In 1957 the plaintiff wanted to rebuild her property and add two more floors to it, but before doing so, she entered into an agreement with the deceased on 16th May 1957, being an agreement of lease under which, after completing construction of the said additional floors, she was to lease the said premises to the deceased for a period of 15 years. Under this agreement the deceased had undertaken to pay a monthly rent of Rs. 1,300 to pay municipal taxes in respect of the said premises only and to execute a registered lease incorporating the terms of the agreement of lease. The construction of…

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