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Ali Akbar, Advocate on Record for Petitioner. V. A. Kidwai, Advocate on Record and Qamar Abbas for Respondent No. 1. Muzaffar Hasan, Advocate on Record for Respondent No. 2. Date of hearing: 19th May 1980. ORDER DORAB PATEL, ACTG. C. J The dispute in this petition for leave has narrowed to an area of 170 sq. yds. in a property known as building No. 83 A„ G 1, on New Queens Road, Karachi. The property belonged to a Mandir and even according to learned counsel, there is still a. Mandir on the property, but the petitioner's case is that apart from the Mandir, there is an another building which bad been occupied by him as a lessee for long years and as the building is now owned by the Evacuee Property Trust Board, Mr. Ali Akbar stated that the petitioner had been paying rent for many years to the Evacuee Property Trust Board. However, on 6 9 1976, the first respondent attempted to demolish the building leased to the petitioner on the ground that the property belonged to it namely, the Karachi Port Trust (KPT). The petititioner therefore, immediately informed the Evacuee Property Trust Board of the first respondent's illegal claim and had filed a suit against the first respondent in the Court of a Civil Judge, Karachi. Together with the suit, the petitioner sought an injunction, pending the hearing of the suit, to restrain the first respondent from evicting him, or interfering with his rights. The suit is being contested and the first respondent also challenged the petitioner's claim for interim relief. Further, in its counter affidavit to the petitioner's application for interim relief, the first respondent had pleaded, inter alia, that the petitioner's suit was bad, because it was hit by the mandatory provisions of section 87 of the Karachi Port Trust Act. The learned Civil Judge not merely upheld this objection and dismissed the application for interim injunction, but he also dismissed the suit of the petitioner by his order dated 26 10 1976 on the ground that the suit was "incompetent for want of notice under section 87 of the K. P. T. Act." The order dismissing the petitioner's suit was indefencible, therefore, the petitioner filed' an appeal in the District…

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