Syed MEHDI HASNAIN vs MUHAMMAD AYUB AND Another — 1970 SCMR 434

Citation: 1970 SCMR 434

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-01-27

Parties: Syed MEHDI HASNAIN vs MUHAMMAD AYUB AND Another

Headnotes

Case cited as 1970 SCMR 434

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan, Sajjad Ahmad Jan Title: Syed MEHDI HASNAIN vs MUHAMMAD AYUB AND Another Case No.: Civil Petition for Special Leave to Appeal No. K-109 of 1969 Date of Judgment:1970-01-27 Reported As: 1970 SCMR 434 Result: Order accordingly JUDGMENT JUDGMENT SAJJAD AHMAD, J.-The petitioner claims to be the owner of the disputed property (Plot No. 6/4 and 6/5-S. R. 5, with an incomplete building thereon, situated in Serai Quarter, Grant Road, Karachi) along with his two brothers and a sister by purchase from one., Nawabzada Ali Zaheer Khan to whom it was transferred permanently by the Rehabilitation and Settlement Department. The respondent No. 1 who was in its possession allegedly as a squatter, was evicted there from by the police under the orders of the District Magistrate, Karachi, on the 1st of September 1969. The respondent challenged this order-- by a writ petition in the High Court which was accepted as neither the respondent's counsel nor the Additional Advocate-General who appeared for the District Magistrate found it possible to defend the executive order of the District Magistrate which plainly lacked legal sanction and validity. The learned Judges of the Division Bench while setting aside the impugned order of the District Magistrate also directed that the respondent be restored to possession of the premises in order to rectify the wrong that had been done to him. It is stated at the Bar that…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.