| Citation(s) |
|---|
| 2016 SLG 3919 2016 SLD 3919 2016 YLR 2189 |
Peshawar High Court
Civil Revision No. 571/P of 2014, decided on 8th December, 2014. Date of hearing: 8th December, 2014.
QALANDAR ALI KHAN, JUSTICE
Syed Shahid Shah for Petitioner. Haji M. Zahir Shah for
Respondents.
Civil Revision No. 571/P of 2014, decided on 8th December, 2014. Date of hearing: 8th December, 2014.
QALANDAR ALI KHAN, JUSTICE
Syed Shahid Shah for Petitioner. Haji M. Zahir Shah for
Respondents.
ZALIB KHAN
VS
. NADIR KHAN and 2 others
Law:
Section:
Allotment----- -----Allotment of flat as employee of company, cancellation of-----Validity-----Petitioner's allotment of subject flat was cancelled after the electric supply company had been bifurcated/reorganized into two companies and the petitioner had been transferred to the other electric supply company, and the flat in question was allotted to the defendant-----Petitioner filed suit claiming that he was entitled to retain possession of the flat as he was part of the same organization and that the other employees of other electric supply company were still occupying the flats in the colony-----Defendant also filed suit claiming possession of the flat-----Both Trial Court and appellate court dismissed suit of the plaintiff and decreed the suit filed by the defendant-----Validity-----Plaintiff, having been transferred to the other company, had no right whatsoever in the bifurcated company-----Allotment of the plaintiff had been cancelled after his transfer to the other company-----Plaintiff, having been served with notice to vacate the flat, had undertaken to vacate the same, which he had failed to honour-----Flat belonged to the bifurcated company which was authorized to allot and cancel the unauthorized allotment-----Revision petition was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:----------- Through this revision petition under section 115, C.P.C., the petitioner, Zalib Khan, impugned judgment and decree of the learned Additional District Judge-VI, Peshawar dated 18-6-2014, whereby, two appeals of the petitioner against the judgment and decree of the learned Civil Judge-XVII, Peshawar, dated 26.09.2013 were dismissed with costs. The learned Civil Judge, vide his said judgment dated 26.09.2013, dismissed Suit No.107/1 of the petitioner, while granted a decree in Suit No.193/1.A of the respondent No.1, Nadar Khan. 2. The petitioner had lodged suit for declaration, permanent injunction as well as mandatory injunction, whereby he challenged cancellation of allotment of Flat No.174-C Phase-V, Hayatabad, Peshawar and allotment of the said flat to respondent No.1, Respondent No.1, on the other hand, lodged suit for…
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