Law: Specific Relief Act, 1877

Section: 8

Law: Civil Procedure Code (V of 1908)

Section: O.XL,R.1

Specific Relief Act (I of 1877)--- ----S. 8---Civil Procedure Code (V of 1908), O. XL, R. 1---Suit for recovery of possession---Appointment of receiver/ administrator---Plaintiff sought recovery of possession of suit property which was resisted by defendants---Validity---Defendants did not bring on record any document to substantiate their title to carved out portion except what had emanated from compromise agreement in an earlier suit---Status of predecessor-in-interest of defendant in earlier suit was admitted to be tenant of ground floor of adjoining building---Rights or interests of defendants could not be prejudiced by appointing administrator in respect of carved out portion---High Court appointed official assignee as administrator of the suit property---Application was allowed accordingly. Media Max (Pvt.), through Chief Executive v. ARY Communication Pvt. Ltd. through Chief Executive and another PLD 2013 Sindh 555; Sikandar Abdul Karim v. Mst. Qamar Jahan and 11 others 2009 CLC 42; Zafrain Iqbal v. The State 2008 CLC 741; Abdul Karim v. Abdul Karim 2001 MLD 1905; Sardar Walt Muhammad v. Sardar Muhammad Iqbal Khan Mokal and 7 others PLD 1975 Lah. 492; Sahib Khan v. Muhammad Ramzan and another 2000 MLD 729; Sh. Muhammad Fazil v. Sh. Abdul Qadir and 7 others 1997 CLC 243; Muhammad Siddiqui and another v. Muhammad Latif and 3 others 1997 MLD 181; Moinuddin Paracha and 6 others v. Sirajuddin Paracha and 23 others 1993 CLC 1606; Benoy Krishna Mukherjee and others v. Satish Chandra Giri and others AIR 1928 PC 49 and Firm, Manghanmal Tarachand v. Mikanbai and others AIR 1933 Sindh 231 rel. THIS ORDER PASSED BY: ZULFIQAR AHMAD KHAN, J.--- Learned counsel for defendants Nos. 2 and 3 files a statement along with copy of an agreement entered into between predecessor of defendant No.1 and those of defendant No.2 for the supply of Motor Spirit (petrol), the same is taken on record. Mr. Virjee has already received copy thereof and preferred to proceed with the instant application bearing C.M.A. No. 12831 of 2016 for the appointment of Administrator, however pointing out that the said agreement does not even specify address of the suit plot, thus poses questions as to…

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