Law:

Section:

Keywords: Civil Court, Claims, Evidence, Dispute, Disposed Of, Proceedings, Injunction, Registered, Order, Remand, Landlord, Permanent Injunction, Magistrate, Office, Notice, Apprehension, Relief, Possession, Restoration, Parties, Attachment, Premises Result: Petition accepted JUDGMENT ORDER The dispute is over a sewerage passage between two buildings known as 'Noorbhoy Jafferji Building' and 'Lotia Building'. The applicant claims that passage to be a separate plot bearing No. S. R. 8/B-VI-2/63 and that he was in possession of it for the last 13 years, while on the other hand, the second opponent denies its separate entity as a plot and claims it to be a part of Noorbhoy Jafferji Building bearing No. S. R. 3/7, and himself lays a claim to it as a landlord and one of the partners of the firm, "Noorbhoy Jafferji & Sons", who are in possession of it pursuant to a grant dating back to some 80 years. It is the case of the applicant that on 26th November 1969, the second opponent threatened to take forcible possession of the disputed space, which is a walled space with a door opening on Sarai Road, upon which he filed Suit No. 2259/69 in the Court of First Civil Judge First Class, Karachi and claimed a relief for permanent injunction; and alongwith it he filed an application praying for an ad interim injunction. Notice on this application was issued for 27th November 1969. However, on that date the second opponent broke open the lock and forcibly took possession of the disputed space. The applicant thereupon lodged a report at Police Station, Mithadar that day at 10-30 a.m. And a case was registered and the second opponent arrested and released on bail. Subsequently, upon a report of the S. H. O., Mithadar, dated 4th December 1969 stating that there was an apprehension of breach of peace and that in the circumstances, proceedings be initiated under section 145, Cr. P. C. And that the disputed space be attached till the decision of the case, the S.D.M., Old Town, initiated proceedings under section 145, Cr. P. C. And asked f r the written statements from the parties and also ordered attachment of the disputed space. Consequent upon the order of attach ment, the S.…

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