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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: SHAUKAT AND 2 OTHERS VS Respondent: MAHARAJ GANESHPURI AND 8 Other
Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sajjad Ahmad Jan Title: SHAUKAT AND 2 OTHERS vs MAHARAJ GANESHPURI AND 8 Other Case No.:Civil Petition for Special Leave to Appeal No. K-89 of 1972 Petition No. 209 of
JUDGMENT
Reported As: 1973 SCMR 94 Result: Leave refused Judgment JUDGMENT SAJJAD AHMAD, J.-The petitioners are aggrieved by an interim order of a learned Single Judge of the High Court of Karachi, whereby in a pending writ petition, it has been directed that the writ petitioner before the High Court, namely, Mahara, Ganeshpuri, respondent No. 1 in this petition, should furnish security to the extent of Rs. 7,620, representing the rental of the shops, and submit an account to the Secretary, Evacuee Trust Board of the receipts of rent every month, after which he shall be entitled to take proceedings for the recovery of the rent from the tenants. The petitioners, who are tenants of some of the; shops in the disputed property, have challenged this order on the apprehension that this would lead to suits for recovery of rents and ejectment against them by the aforesaid respondent under the cover of the High Court's order. Their stand is that they are tenants under the Custodian and paying rent to him. We are unable to appreciate the grievance of the petitioners. As tenants, they have to pay rent of the property, but if they have any legal objection to urge against the entitlement of the respondent to recover rent from them, they can raise that objection in the proceedings that may be brought against them in this behalf, which will have to be determined on merits according to law. This petition is dismissed.
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