Case Details

Citation(s)
1986 SLG 770 1986 SLD 770 1986 SCMR 1195
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. K-158 of 1981, decision dated: 28-03-1982. (On appeal from the judgment and order of the High Court of Sind, Karachi, dated 18-5-1981, passed in Civil Petitions Nos. 623 and 1550 of 1980).
ABDUL KADIR SHAIKH, S.A. NUSRAT AND ZAFFAR HUSSAIN MIRZA, JJ

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Syed MUHARRAM ALI

VS

SECRETARY, LABOUR AND COOPERATION DEPARTMENT, GOVERNMENT OF SIND, KHRACHI and others

Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Supreme Court Rules, 1980, O. XIII, r. 3--Leave to appeal against common given by High Court to dispose of two connected writ petitions--Petitioner being aggrieved in one case, disallowed to challenge in connected case--Plea that petitioner was entitled to challenge entire , repelled--Held, it would amount to permitting provision to appeal against decision -in other connected case without there being a proper leave petition for it before Supreme Court--Petitioner, therefore, could not be permitted to indirectly obtain review of decision in connected petition--Petition dismissed. Nasim Farooqi, Advocate and Faizanul Haq, Advocate-on-Record for Petitioner. Fazle-e-Ghani Khan, Advocate and A. Aziz Dastgir, Advocate-on-Record for Respondent No. 4. Nemo for Respondents Nos. 1 to 3 and 5 to 10. Date of hearing: 28th March, 1982. ORDER ZAFFAR HUSSAIN MIRZA, J.--The predecessor of respondents 4 to 10, one Muhammad Ikramuddin was granted permanent lease of shop No. 95 in the Super ,Market Building, situate at Abdullah Haroon Road, Karachi, by the Co-operative Investment and Management Agency Limited, a Co-operative Society registered under the Co-operative Societies Act, 1912, on terms and conditions reduced to writing in an agreement executed by the parties on 27-4-1965. The affairs of this Co-operative Society were being managed by an Administrator appointed by the Government under section 4 of the West Pakistan Co-operative Board (Dissolution) Act, 1966. The petitioner claims to have been inducted as a sub-tenant in the said shop by Muhammad Ikramuddin. On 22-12-1977, the Project Manager, Co-operative Development Fund and Projects, respondent No.3 herein, issued a notice to Muhammad 1kramuddin to show cause why his lease should not be cancelled for violating the terms and conditions of the lease agreement in subletting the shop unauthorizedly to the petitioner. It is alleged that no reply was given in pursuance of the show-cause notice, and as such the Project Manager passed an order, dated 28-1G-1977, cancelling the lease agreement in favour of Muhammad Ikramuddin. An appeal filed by the latter against this order was…
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