Law:

Section:

Keywords: Copies, Disposal, Payment, Prejudice, Parties, Registration Certificate, Order, Impugned Order, Bank Guarantee, Merits Of The Case, Registered, Conditions, Terms Of Purchase, Court Of Law, Non-Use, Vehicle, Possession, Theft, Criminal Proceedings, Satisfaction, Held Responsible, Sale Deed, Investigation, Recording, Ownership, Property, Petitioner, Set Aside, Proceedings, Copy, Magistrate, Guarantee, Procedure, Certificate Result: Petition accepted JUDGMENT The facts of this case as appears from the record and according to the learned counsel for the parties, briefly stated, are that at 0-30 hours on 23-9-1971, Ali Mukhtar Naqvl, the respondent No. 2 lodged F. I. R. with Nazimabad Police Station, Karachi stating that one Falak Sher, who was known to him purchased a Datsun-taxi, number unknown, on instalments, from a party and paid total sum of Rs. 12,000, but in spite of demands he was not given receipts, and he apprehended that the person, from whom he had purchased the taxi, would forcibly take it away, and therefore, he parked the taxi in front of complainant's house and gave the complainant the key of the taxi. At 5 p.m. that day four persons came to his house in his absence and took away the taxi, and he came to know of this from his children at 11-43 p.m. and, therefore, came to report the crime. The next step that appears from the record in connection with the case, is that the S. H. O., Nazimabad Police Station, recorded a note in the diary to the effect that the taxi had beer produced by the petitioner Syed Hisamuddin, and according tc him Falak Sher had taken taxi on instalments basis of Rs. 1,000.01 per month, but had failed to pay the instalments, and the owner therefore, took possession of his property. In this report it i stated that one Muhammad Ali was the owner of the taxi Recording to the Registration papers, and Nizamuddin petitione was, therefore, not entitled to the possession of the taxi. Subsequently, on the application of Ali Mukhtar Naqvi, the Additional City Magistrate Court No. XXXL Karachi, handed over the taxi to him by the order dated 29-9-1971, which reads :- "Heard P. S. I and the Advocate for the complainant. The car…

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