| Citation(s) |
|---|
| 1997 SLD 745 = 1997 MLD 3098 |
Sindh High Court
Revision Applications Nos. 85 and 86 of 1994, decided on 4th May, 1995.
Abdul Latif U. Qureshi, J
Revision Applications Nos. 85 and 86 of 1994, decided on 4th May, 1995.
Abdul Latif U. Qureshi, J
ABDUL KARIM ---Applicant
VERSUS
ALI RAZA and another---Respondents
Law:
Section:
ORDER; Both these Revision Applications Nos.85 of 1994 and 86 of 1994 are disposed of by this common judgment as these pertain to orders of 1st Additional Sessions Judge, Karachi East dated 22-3-1994 in Civil Miscellaneous Applications Nos.4 of 1994 and 6 of 1994 against the same order of the Xth Civil Judge. Karachi East dated 23-12-1993 passed on application under Order 39, Rules 1 and 2, C.P.C., filed by the applicant. On 10-7-1993 applicant filed suit for permanent injunction in the Court of Civil Judge, Karachi East being Civil Suit No.934 of 1983 against Raza Hussain and Muhammad Rafique alleging therein that he is tenant in respect of shop on Plot No.829-C, Deh: Thano, Tapo Malir, Malir City Karachi on monthly rent of Rs.1015 and has paid Rs.35,000 as security deposit. He was running a sugarcane juice shop since last 16 years. He was inducted as tenant by defendant/respondent No.1 in the suit. Respondent No.2 used to collect rent every month. As the shop needed some repairs, defendant No.2 agreed and allowed the applicant to repair the shop from his own, and adjust the same towards the rent. Applicant spent a sum of Rs.32,000 towards repair. On 5th January he paid the rent to defendant No.2 but he did not issue him rent receipt. He (appellant) further requested him (respondent) to adjust future rent towards the expenses incurred by him for the purpose of repair, but he (Respondent) refused to do so and threatened him to vacate the premises. Apprehending this forcible dispossession he filed the suit. He also filed an application under Order 39, Rules 1 and 2, C.P.C. praying for restraining the defendants from dispossessing him personally or through their agents; status quo was ordered. On 15-7-1983 applicant made an application for correcting the name of defendant No.7 Raza Hussain as Ali Raza and Muhammad Rafiq son of Muhammad as Shakil Ahmad son of Rafique Ahmed as defendant No.2 and such request was allowed. The respondent filed counter-affidavit to this application under Order 39; Rules 1 and 2 and after hearing the parties the learned trial Judge allowed application filed under Order 39, Rules 1 and 2, C.P.C. and issued ad…