Law:

Section:

Keywords: Procedure, Executive, Order, Claims, Government, Good Faith, Proceedings, Possession, Impugned Order, High Court, Criminal Force, Rent, Orders, Quashment, Petitioner, Magistrate, Petition, Civil Court Result: JUDGMENT This quashment application is directed against the orders passed by the Assistant Commissioner and S. D. M. Central on 8th February, 1978 directing that the Flat in Jacob Lines, which belongs to Mst. Zarmar Jan and Mst. Zarin Marjan respondents Nos. 1 and 2 in this petition be handed over to the ladies forthwith. The respondents Nos. 1 and 2 had made an application on 1st February, 1978 before the Deputy Commissioner, East Karachi wherein they had alleged that Flats No. U/11/3 and U/I/3 in Awami Flat Jacob Lines were allotted to them by the Government. They further stated that one local Advocate Mr. Sharif Khattak alongwith his brothers Abdul Sattar and Abdul Jabbar and their father Muhammad Janan got annoyed with the ladies and wanted to snatch these flats. These to ladies were arrested for murder of Muhammad Janan who was their father-in-law. They prayed in that application that their flats be restored to them from wrongful possession of the accused persons. The Deputy Commissioner marked the application to A. C. & S. D. M., Central who sent the same for inquiry and report to S. H. O., Brigade Police Station, and after perusing the police report and the statement of Abdul Sattar, the Assistant Commissioner and S. D. M. Ordered that the posses sion of-the flats be handed over to the ladies forthwith. He further ordered that if Abdul Sattar does not give the possession of the flats to the ladies then the possession of the flats be handed over to them by force. One of the flats had been given on rent by Abdul Sattar. The petitioner claims possession of the flats since last 6 months and he had stated that he bad been residing with his to brothers. On 9th February, 1978 the present applicant moved an application for review of the order before Assistant Commissioner wherein he submitted that there was no jurisdic tion in that Court to make the order of handing over the possession of the flats. The Assistant Commissioner issued a stay…

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