Law: Karachi Port Trust Act, 1886

Section: 87 , 3

P L D 1995 Karachi 192 Revision Application NO-258 of 1990, decided on 9th January, 1995. Karachi Port Trust Act (VI of 1886).-. ----Ss. 87 & 3--- port Authorities Lands and Buildings (Recovery of Possession Ordinance XI of 1962), Ss.3, 4 & 9 Civil Proceure Code ('of 1 ), OV1I, R.11 & S.115--- Cancellation of lease deed for violation of terms and conditions thereof by the lessee---Notice issued to lessee (plaintiff) for cancellation of leased out plot on account of subletting a portion thereof, without permission of Authority---Plaintiff filing suit challenging validity of such notice---Authority seeking rejection of plaint on ground that jurisdiction of Court was barred-- Plaint was rejected by Trial Court but was restored by lower Appellate Court---Validity---Plaintiff had admitted in his assertions in plaint, that he had committed breach of covenant by subletting and parting with portion -of leased plot in contravention of lease agreement---Notice issued to plaintiff was competent and same was issued by Competent Authority authorized to issue such notice under S. 3, Port Authorities Lands and Buildings (Recovery of Possession) Ordinance, 1962---Notice under S. 4 of the Ordinance was to be issued by the Authorised Officer but meanwhile, plaintiff had filed suit and secured order of status quo from the Court---Notice issued to plaintiff under S.3 of the Ordinance being valid, jurisdiction of Civil Court was barred to adjudicate on the subject-matter of dispute---Trial Court had rightly rejected plaint in suit---Lower Appellatd Court's decision to the contrary was not warranted and thus, was liable to be set aside---Plaint in suit, stood rejected in circumstances. [p. 196] A Date of hearing: 19th October, 1994. JUDGMENT Facts leading to the. Revision Application are that the respondents Were leased out the suit plot by the applicants on 19-5-1965 for a period of 2.. years commencing from 12-11-1951 This lease was renewed for further 25 years on 18-3-1986 commencing from 12-11-1976. Lease expires on 11-11-2001. Originally the suit plot was leased out for storage of timber, but subsequently respondents were allowed to set up Ice factory.…