| Citation(s) |
|---|
| 1980 SLG 3314 = 1980 SLD 3314 = 1980 CLC 1969 |
Court of Special Judge, Karachi
Second Appeal No. 449 of 1978, decided on 19th January, 1980.
Presented By: Abdul Hayee Kureshi; J
Syed Qutbuddin Ahmed for Appellant. Syed Inayat Ali for
Respondent No. I Zafar Aziz Bajwa for
Respondent No. 2.
Second Appeal No. 449 of 1978, decided on 19th January, 1980.
Presented By: Abdul Hayee Kureshi; J
Syed Qutbuddin Ahmed for Appellant. Syed Inayat Ali for
Respondent No. I Zafar Aziz Bajwa for
Respondent No. 2.
Y OUSUF--Appellant
VERSUS
GHULAM MUHAMMAD AND ANOTHER--Respondents
Law: West Pakistan Urban Rent Restriction Ordinance 1959.
Section: 2(i), 13
Law: Civil Procedure Code (V of 1908)
Section: 9
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S.2(i)TenantLicenseeRent receipts appearing in name of respondentApart from appellant's word nothing more on record indicating payment having been made to landlord through respondent or even any payment of rent having been made at allNothing pointed out to displace findings of Courts below holding appellant a licensee, appellant, held, a licensee. Ahmed Din v. Mst. Mahmoodun Nissa and others P L D 1961 Kar. (b) Civil Procedure Code (V of 1908) S. 9 read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 Jurisdiction of civil Courts Eviction of licenseeAppellant neither tenant nor subtenant but licensee. West Pakistan Urban Rent Restriction Ordinance, 1959 held, not applicable for his evictionCivil Court alone, held, has jurisdiction to entertain such suit. Date of hearing 10th November, 1979 and 19th January, 1980. JUDGMENT The present second appeal has been filed by appellant Yousuf to challenge concurrent judgments passed by XIVth Civil Judge. Second Class, Karachi, and Vth Additional District Judge. Karachi, whereby Suit No. 122$!1972, filed in the Court of the Civil Judge by respondent Ghulam Mohammad against appellant Yousaf and the pro ,forma respondent, the Karachi Electric supply Corporation Limited, was decreed. The reliefs that were claimed in the suit were for declaration that respondent Ghulam 4Iohammad was the tenant in respect of tenement No. 5 in Abbas Building, and that the appellant was only his licensee and further for possession of the said tenement. In the suit a relief had also been claimed against the Karachi Electric Supply Corporation to restrain then by an injunction from installing Electric Meter in the tenement. The suit was…