Case Details

Citation(s)
1976 SLG 1069 1976 SLD 1069 1976 PCRLJ 77
Sindh High Court
Criminal Miscellaneous Application No. 878 of 1974, 30th April, 1975
JAMALUDDIN H. AHMAD, J

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Muhammad Wajid Ali Khan

VS

Abdul Hadi And 29 Others

Law:

Section:

Keywords: Maintenance, Apprehension, Sale Deed, Dispute, Status Quo, Violation, Property, Premises, Criminal Proceedings, Legality, Execution, Conditions, Validity, Terms And Conditions, Parties, Commencement, Legal Proceedings, Cease, Subject-Matter Of The Suit, Receiver, Ejectment, Period, Orders, Examination, Civil Court, Impugned Order, Interim Order, Illegal, Procedure, Permanent Injunction, Invalid, Description, Possession, Land, Order, Proceeds, Quashment, Injunction, Attachment, Tenancy, Maintain, Proceedings, Binding, Remedy, Registered, Minors, Tenant, Protection, Crops, Necessity, Magistrate, Contract, Evidence Result: Petition rejected JUDGMENT This application is for quashment of proceedings under section 145, Cr. P. C., initiated by the Joint Civil Judge and F. C. M. Hyderabad, and also of the subsequent orders passed therein, relating to agricultural land measuring about 800 acres which is situated in Deh Surjani, Taluka Tando Muhammad Khan. Having commenced proceedings on 10-10-74 upon the complaint of Abdul Hadi the respondent No. 1, the Magistrate on 10-10-1974 ordered attachment of the standing crop and appointed a Receiver thereon in order to prevent the alleged breach, of peace. By his order, he directed the Naib Nazir of the Civil Court of Tando Muhammad Khan to take over the possession of the land, collect the Zamindari share of the standing crop after giving the haris their due share and also to see that they be not dispossessed from the land. The applicant who is the owner of the land, gave it on lease to respondent Abdul Hadi and 3 others by a registered deed dated the 30th September 1968. The lease was for a period of five years commencing from the Rabi crop of 1968-69 and ending on Kharif 1973-74. If was stipulated that the lease shall be renewable for a further period or periods, entirely at the option of the lessor on revised or the same terms and conditions. It was however affirmed in this deed that legal proceedings were pending in the Supreme Court with regard to this land but the lessees would be bound by the final judgment thereof. 2. It is the case of the respondent Abdul Hadi that during the subsistence of this lease a sale…
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