Law:

Section:

Keywords: Allottee, Arbitration, Premises, Objections, Fraud, Administrator, Counter Affidavit, Representative, Illegal, Contract, Jurisdiction, Consideration, Parties, Ejectment, Notices, Invalid, Determination, Civil Court, Guilty, Show-Cause Notice, Misrepresentation, Magistrate, Profits, Allotment, Notice, Validity, Petition, Nullity, Binding, Arbitrator, Property, Order, Inter Se, Arbitration Clause, Possession, Dispute Result: Appeal allowed JUDGMENT The dispute in his case relates to premises bearing No. 6E/123, situated in orangi Township, Karachi. It is common ground that the premises were originally allotted on 10-1-1975 to one Tazeem Ahmed, the brother of respondent 3, Mst. Haseena Beg um. According to the applicant the aforesaid allottee transferred the premises in partly built condition to the applicant for a consideration of Rs. 5,000 through a written agreement dated 18-1-1976, and handed over the possession to him. On 5-4-1966, however, the original allottee Tazeem Ahmed died. The applicant then completed the construction over the premises and applied for allotment of the same submitting the agreement dated 18-1-1976 to the K. D. A. III consequence to this application the K. D. A. Allotted the premises to the applicant on 22-12-1976 and executed a Lease Deed on 29-12-1976 for 99 years. 7. The respondent 3 according to the allegation of the applicant had certain arrangements with him whereby she was permitted to stay in one of the rooms built on the preniisd and it appears some dispute arose between the parties which deteriorated their relations. A dispute was therefore raised on the part of respondent 3 wh9ch resulted in litigation before the Magistrate as well as the civil Court from which the applicant obtained a decree for ejectment and mesne profits against respondent 3, At this stage the respondent 3 complained to the Administrator of the K. D. A. Claiming that the premises Overt; sold to her by her brother, the original allottee on 20-5-1972 for a consideration of Rs. 2,000. The matter was eventually referred to the Commissioner, Karachi, who seems to have treated it as an arbitration case in pursuance of clause 24 of the lease deed which…

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