Law:

Section:

Keywords: Dispossession, Transfer Of Property, Unlawful, Place, Maintenance, Recording, Petitioner, Jurisdiction, Dispute, Rent, Premises, Register, Revisional Jurisdiction, Procedure, Order, Magistrate, Due Process Of Law, High Court, Provisions, Possession, Cease, Civil Rights, Payment, Parties, Conditions, Prejudice, Renewal, Prevention, Landlord, Invocation, Property, Person Interested, Evidence, Prohibit, Notice, Immovable Property, Tenant, Apprehension, Terms And Conditions, Forcible Dispossession, Proceedings, Petition, Civil Court Result: Application dismissed JUDGMENT The petitioner in this case challenges the order of the learned Sub -Divisional Magistrate, Nazimabad, whereby at the application of the first respondent, Jamil Abroad, he passed an order under section 145, Criminal Procedure Code, awarding the possession of certain premises which were disputed to the opponent and the order also of the learned First Additional" Sessions Judge who dismissed the application in revision filed by the petitioner against the order of the learned Magistrate. Inasmuch as the expression applicant and opponent" or -respondent" refers to different stages of this litigation I propose hereafter to refer to the parties by their names instead of such appellations. 2. The premises in question undoubtedly belong to Noor Ahmed and there is, equally un-disputably, an agreement between him and Jamil Ahmad dated the 3rd November 1966, and it is common ground between the parties that at least until May 1970, Jamil Ahmad ran a hair cutting saloon in these premises. I deliberately refrain from saying that he was in possession, for it is clear that a great deal of controversy has taken place between the parties both in the Courts below and before me as to the nature of the right of Jamil Ahmad in these premises. This agreement clearly provides that the premises in question are being taken on hire by Jamil Ahmad but certain peculiar terms of the agreement show that efforts were made, I do not now wish to decide whether successfully or not, to exclude the arrangement between the parties from the applicability of the law relating to landlord and tenant. In particular three of such…

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