Al Wakeelo
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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: SABIRA SULTANA AND Another VS Respondent: BANGUL KHAN AND Other
Court Name: Supreme Court of Pakistan Judge(s): Alvin R. Cornelius, Fazal-e-Akbar Title: SABIRA SULTANA AND Another vs BANGUL KHAN AND Other Case No.: Civil Petition for Special Leave to Appeal No. 257 of 1967 Date of Judgment:1967-10-03 Reported As: 1970 SCMR 116 Result: Leave granted
Judgment ORDER CORNELIUS, C. J.-The petitioners are two of the heirs of one Muhammad Tufail, and had sued to save their interest in house-property left by him which had been the subject of mortgages by another of the heirs. The mortgage had obtained an eviction order from the Rent Controller, and the plaintiffs sought, and obtained from the trial Court, an injunction to restrain against implementation of the order. On appeal, the injunction was set aside, but on a further revision, a learned Judge of the High Court restored the injunction as to the share of the plaintiffs-petitioners only, i.e.. 21/80 of the house. Leave to appeal against this order is sought. It seems evident that if the order is allowed to stand, it is implementation will have the effect of partitioning a property which is at present in common tenancy. Such a side effect is clearly undesirable. Moreover, the mortgage claim cover the whole of the mortgage rights, being based on deeds mortgage executed by one of the heirs who was armed with power-of-attorney from the others. A serious interference with the integrity of the suit property in suit is likely to result, if partition is effected, pendente lite. Leave to appeal is accordingly granted. Security-Rs. 1,000. Execution of the High Court's order is stayed ad interim.
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