Mst. UMERUNNISA vs FATEH ALI AND 2 OTHERS — 1965 PLD 17810

Citation: 1965 PLD 17810

Court: Sindh High Court

Year: 1970

Decision Date: 1970-10-20

Parties: Mst. UMERUNNISA vs FATEH ALI AND 2 OTHERS

Headnotes

Case cited as PLD 1965 Pesh. 17810

Judgment Text

Court Name: Sindh High Court Judge(s): Noorul Arfin Title: Mst. UMERUNNISA vs FATEH ALI AND 2 OTHERS Case No.: Suit No, 115 of 1967 Date of Judgment:1970-10-20 Reported As: PLD 1971 Karachi 553 Result: Suit decreed JUDGMENT JUDGMENT This is a suit for ejectment of the defendant from Shop No, 8 (hereinafter called the said premises) in a building known as "Shafiq Building" on Survey No, 87 Sheet No, R. C. 12, Ranchore Lines, Karachi. The relevant facts are these. The plaintiff's husband, Muhammad Shafiq, acquired the whole of the building under a deed of exchange dated 3rd June 1963 (?) and he gifted this building to the present plaintiff. This shop was, at the time of Partition, in occupation of one Ratilal who, before migrating to India, is alleged to have sold his business and transferred his tenancy rights in the shop to one Abbas Bhai. Abbas Bhai transferred the business and the tenancy rights to one Ghulam Ali who, in turn, transferred the same to Barkat All father and husband respectively of defendants 1 and 2 and to Ahmad Ali. As is found from my judgment dated 9-5-1966 in Revision Applications Nos, 8 and 9 of 1962, this transfer was not made with the permission of the landlord. Sometime in 1952 (?) Muhammad Shafiq commenced proceedings in the Small Causes Court under section 18 of the Karachi Small Causes Courts Act (IV of 1929) against Barkat Ali. This application was accepted by order dated 1st July 1953. Ahmad All then filed a suit under section 24 of the…

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