ABDUL LATIF vs KARACHI MUNICIPAL CORPORATION THROUGH THE CHIEF — 1976 PLD 508

Citation: 1976 PLD 508

Court: Sindh High Court

Year: 1957

Decision Date: 1957-01-27

Parties: ABDUL LATIF vs KARACHI MUNICIPAL CORPORATION THROUGH THE CHIEF OFFICER

Headnotes

Case cited as PLD 1976 Karachi 508

Judgment Text

Court Name: Sindh High Court Judge(s): Inamullah Khan Title:ABDUL LATIF vs KARACHI MUNICIPAL CORPORATION THROUGH THE CHIEF OFFICER Case No.: Suit No. 435 of 1956 Date of Judgment:1957-01-27 Reported As: PLD 1976 Karachi 508 Result: Order accordingly Judgment ORDER ' This is an application under Order XXXIX, rules 1 and 2, C. P. C. Read with section 151, C. P. C. Praying that the defendant KMC may be restrained from ejecting the plaintiffs from Plot No. 1. s. B. 9, Empress Market, Karachi and arises under the following circumstances. ' The plaintiffs claim alongwith 85 other persons to be tenants in respect of the plot in dispute. They contend that they had been in occupation of the said plot and had been carrying on their business of selling fowls for the last about 60 years. The cause of action is alleged by the plaintiffs to be a notice by the defendant dated December 4, 1956, calling upon-the plaintiffs to vacate the plot within 24 hours. ' The plaintiffs claimed to be the tenants of the plot in question. A counter-affidavit has been filed by Dr. Habibur Rahman, Health Officer of the KMC. It is a short affidavit and raises the following points:- "(a) The plaintiffs are un-authorised temporary sitters in part of the Empress Market, Karachi and that their number is only 77 and not 87; (b) The daily sitters are not tenants of the plot in question and can be removed by the KMC under Rule 28 (b) of K.M.C. Market Rules; (c) The plaintiffs had already been evicted by Mr.…

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