Case Details

Citation(s)
2015 SLG 2341 2015 SLD 2341 2015 CLC 1116
Sindh High Court
Suit No. 828 of 2009 and C.M.A. No. 14160 of 2013, decided on 12th January, 2015. DATE of hearing: 28th October, 2014
NAZAR AKBAR, J
Badar Alam for Plaintiff. K.B. Bhutto for Defendant

Raja REHMAT KHAN--Plaintiff

VS

MUHAMMAD AAMIR TASTEE and 2 others----Defendants

Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. I, R.10---Specific Relief Act (I of 1877), S.9---Suit for possession of immovable property owned by government and leased to private persons---Impleadment of Government as a party---Scope---Government could not be impleaded as a party in a suit for possession filed under S.9 of Specific Relief Act, 1877---Application for impleadment of party was dismissed in circumstances. ORDER NAZAR AKBAR, J.--- Through this order I intend to dispose of C.M.A. No.14160 of 2013 under Order I, Rule 10, C.P.C. filed by defendant No.3. The plaintiff has filed counter affidavit to the application and rejoinder has also been filed by defendant No.3. 2. The brief facts relevant for disposal of this application are that the plaintiff has filed the present suit under section 9 of the Specific Relief Act, 1877, (hereinafter SRA, 1877) with the following prayer for decree of:--- ", possession of the plot of land measuring 3000 sq. yards from N.C. No.398, now bearing Survey No.646, situated in Deh Gujro, Tappo Songal, Yasinabad, Federal B Area, Karachi together with the structures, constructions and boundary walls raised thereon." 3. Defendants Nos.1 and 2 have been declared ex parte and defendant No.3 contested the suit and filed their written statement. 4. Defendant No.3 through this application has prayed for impleading the following as necessary party:--- (i) Board of Revenue, Government of Sindh, (ii) Sindh Katchi Abadis Authority and (iii) Government of Sindh through Chief Secretary. 5. I have heard learned counsel for both the parties and perused the record. 6. The only ground advanced by defendant No.3 in his application for impleading the aforesaid defendants is that according to defendant No.3 suit property belongs to the Government of Sindh and the claim of plaintiff that he has…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492