Law: City of Karachi Municipal Act (XVII of 1933)

Section: S. 280 (2)

  Remarks-Sweeping remarks against statutory bodies to be avoided unless essential for decision.   City of Karachi Municipal Act (XVII of 1933), S. 280 (2) and Karachi Municipal Corporation Land Rules, r. 17(5)(a) and (b)-Lessee of plot constructing house and letting it out-- Resolution of Standing Committee to resume land, remaining unimplemented --- No ouster of lessee-Locus standi of lessee to claim rent from his tenant and pursue eviction-Not affected.   Karachi Municipal Corporation Land Rules, r. 17(5)(a) and (b)-Violation of terms of lease-Standing Committee not empowered to evict lessee by force-Mere passing of resolution not ouster --Termination of lease-Lessee holding over as trespasser-Eviction order only by Court of law-City of Karachi Municipal Act (XVII of 1933), S. 280 (2).   Azim Khan v. State of Pakistan and another P L D 1957 Kar. 892 rel.   Karachi Municipal Corporation Land Rules, r. 17(5)(a)(b) ---Resolution to resume plot by Standing Committee on violation of terms by lessee-No notice issued to lessee, nor lessee compensated for structures on plot-Tenant entitled to retain possession: [Ethirajulu Naidu v. Ranganathan Chetti and others 72 I A 72 rel.].   Practice-Appeal-Point not involved, need not be decided.   JUDGMENT   WAHIDUDDIN ARMED, J.-This first appeal is an off-shoot of litigation going on between the parties in this appeal In respect of a house consisting of two rooms constructed on Plot No. 45, J. A. I. Quarters, Jinnahabad No. 1, Harehandrai Road, Karachi. The plot on which this house is raised belongs to the Karachi Municipal Corporation, now Karachi Municipal Committee, and was leased out to respondent Muhammad Shakoor on temporary basis. Abdul Sattar the appellant occupied this house as tenant at Rs. 22 per month on monthly tenancy basis since the 1st of August 1949 of the respondent. The appellant fell in arrears of rent in the year 1956. Thereupon the respondent filed a Distress Warrant application known as D. W. No. 592 of 1956 for the recovery of Rs. 238 as arrears of rent from the 1st of June 1955 to the 30th of April 1956, which was decreed by the Chief Judge, Karachi Small…