Law:

Section: 18 & 24

Karachi Small Causes Court Act (IV of 1929), Ss, 18 & 24 ---Order under S. 18 can be sought or directed only against licencee or tenant whose permission or tenancy has been validly determined or withdrawn-Person neither treated as licencee nor tenant-Absence of withdrawal of permission or determination of tenancy--rder for possession obtained under S. 18, in such circumstance, not valid and amounts to act of trespass under S. 24. JUDGMENT   A. S. FARUQUI, J.-This first appeal is directed against the judgment and decree passed by the District Judge, Karachi on 24-5-60 in Suit No. 1412/59 under section 24 of the Karachi Small Causes Court Act.   2. The material facts are these : The landlords in this case are the Karachi Port Trust. They owned the premises in question which had been let out on rent to one Gulab Khan. The occupant of these premises at the material time was the defendant Saeed Ahmad. A notice was sent by the Karachi Port Trust to Saeed Ahmad on 28-1-54 requiring him to quit on pain of a suit of ejectment. It will be convenient to reproduce this notice because, in our opinion, the decision in this matter turns largely upon it   "Subject.-Ejectment from quarter No. 573, Keamari village.   This is to state that quarter No. 573, Keamari village, stands in the name of Gulab Khan, while you have occupied the said quarter unauthorisedly which is against the tenancy rules. This quarter has neither been allotted to you by the Port Trust nor sub-letting is allowed under Port Trust Rules. This is, therefore, to give you formal notice to quit and vacate the said premises by the end of next currency month i.e. 28-2-54 failing compliance a suit of ejectment will be filed against you in a Court of law and you will be liable for costs and consequences which please note."   Saeed Ahmad did not comply with the notice and so an application was made under section 18 of the Karachi Small Causes Court Act by the K. P. T. against Saeed Ahmad on 15th March 1957. The Karachi Post Trust had already obtained a certificate under section 10 of the Karachi Rent Restriction Act from the Rent Controller. An order for possession was passed by…