| Citation(s) |
|---|
| 1963 SLG 3644 = 1963 SLD 3644 = 1963 PLD 763 |
Sindh High Court
Writ Petition No. 222 of 1961, decided on 16th November 1962.
Presented By: Wahiduddin Ahmed and Feroze Nana Ghullamally, JJ
Ibadatyar Khan for Appellant. S. A. Nusrat for
Respondents. Date of hearing: 16th November 1962.
Writ Petition No. 222 of 1961, decided on 16th November 1962.
Presented By: Wahiduddin Ahmed and Feroze Nana Ghullamally, JJ
Ibadatyar Khan for Appellant. S. A. Nusrat for
Respondents. Date of hearing: 16th November 1962.
Shaikh ABDUL SATTAR-Petitioner
VERSUS
THE ADMINISTRATOR OF KARACHI AND OTHER--Respondents
Law:
Section:
Writ-Findings not borne out by evidence on record --Quashed. Sind Requisition of Land Act (XLVI of 1947), S. 11-- Inconvenience of person dispossessed not considered and alternative accommodation not provided-Requisition orders quashed in writ petition. JUDGMENT WAHIDUDDIN AHMED, J.--Sheikh Abdul Sattar petitioner, the occupant of flat No. 11, Bombay Building, No. 1, Preedy Quarters, Karachi, is a tenant of those promises since 1945. It was allotted to him on the 27th of April 1945, by the Rent Controller of Karachi. These, premises were requisitioned by Mr. Nasir Ahmed, Rent Controller, Karachi, by an order dated the 14th of April 1961, on the ground that he was satisfied that accommodation in the said flat was surplus to the requirements of the landlord and tenant Abdul Sattar. The petitioner challenged this order before the then Administrator of Karachi in Appeal No. 7/5/61-Dev. This was dismissed by order dated the l7th of May 1961. The learned Administrator came to the conclusion that the petitioner had shifted from the premises in dispute to some other place and he has given its possession to Mr. Ali Muhammad Akhund, First Class Sub-Judge, Karachi, without the consent of the landlord. He further observed that it had been established that the petitioner is now practising in Hyderabad and repelled his contention that his two sisters were still living in the flat and he was in physical possession of the flat in question. The learned Administrator further repelled the contention that unless accommodation was found for Mr. Ali Muhammad Akhund he cannot be dispossessed because techni cally he is a trespasser and it is not necessary to find accom modation for a trespasser. The petitioner seeks to challenge the above-mentioned requisition order in this writ petition. Mr. Ibadat Yar Khan, the learned counsel for the petitioner, has attacked the impugned order on three-fold grounds. Firstly, that the order in question is mala fide because it was passed by Mr. Nasir Ahmed, the present Rent Controller, to victimise Mr. Ali Muhammad Akhund who bad dismissed his Suit No. 258 of 1960 by judgment dated the 28th of May 1960 ; secondly, that the…