Law:

Section:

Keywords: Development Authority, Order, Jurisdiction, Land, Claims, Interference, Execution, Quashment, House Building Finance Corporation, Allotment, Extraordinary Jurisdiction, Provisions, Defence, Magistrate, Practice, High Court, Parties, Loan, Trial Court, Arbitration, Merits Of The Case, Evidence, Cause Of Action, Contract, Consideration, Terms And Conditions, Conditions, Civil Court, Premises, Payment, Copies, Commission, Grievance, Finance, Procedure, Proceedings, Arbitration Clause, Petition, Petitioner, Offences JUDGMENT This is an application under section 561-A, Cr. P. C. praying that proceedings in a case instituted on a private complaint against the applicant in the Court of Additional City Magistrate, Court No. XIII, Karachi be quashed. 2. The facts that have given rise to this complaint may be stated as follows:- The petitioner Hyder Raza is an employee in Karachi Development Authority. The complainant Nasrullah Maftoon had succeeded in obtaining the allotment in respect of a plot of land from the K. D. A. This allotment was in the name of Mst. Nazir Fatima, the wife of the complainant and it is not disputed that the complainant Nasrullah has been authorised to hie this complaint on her behalf. 3. After the allotment was obtained, the petitioner Hyder Raza induced complainant Nasrullah Maftoon to have the construction on the plot made through a firm carrying on business in the name of Messrs Raza & Co., and the admitted case is that this construction company is owned by Ali Raza, lt appears that a formal agreement was entered into which provided for construction of the house as per specifications and plans that had been agreed to between the parties and it is further the admitted case that a total amount of Rs. 23,900 was obtained by the father of the petitioner towards completion of the house. 4. The parties then came to a disagreement, because according to the complainant, the work executed was not according to the specifications. He, therefore, lodged the complaint alleging commission of offences under sections 420, 341 and 347, P. P. C. and the two latter sections were mentioned in the complaint because it was the case of the complainant…

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