| Citation(s) |
|---|
| 1994 SLG 1147 1994 SLD 1147 |
Sindh High Court
High Court Appeal No. 163 and Civil Miscellaneous Application No. 1098 of 1992, decision dated: 11-02-1993
WAJIHUDDIN AHMED AND MUHAMMAD, HUSSAIN ADIL KHATRI, JJ
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High Court Appeal No. 163 and Civil Miscellaneous Application No. 1098 of 1992, decision dated: 11-02-1993
WAJIHUDDIN AHMED AND MUHAMMAD, HUSSAIN ADIL KHATRI, JJ
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Karachi High Court DEVELOPMENT AUTHORITY--Applicant
VS
SHA13BIR AHMED and 2 others
Law:
Section:
Karachi Development Authority Order (5 of 1957)-------Art. 4---Allotment of land---Cancellation of---Respondents were allotted plot, but because Authority was unable to effectuate its allotment, alternative plot in the same area was, allotted by Authority to respondents ---Last mentioned plot being under encroachment, Authority again failed to deliver possession of that plot to the respondents---Several efforts were made by respondents/allottees to obtain possession of last-mentioned plot, for about 27 years, but with no effect---High Court on basis of evidence on record found that another plot in the same area was available which could validly be allotted to respondents-allottees in lieu of plot which was earlier allotted to allottees but possession thereof was not delivered to respondents---Order of High Court appointing Commissioner to have transfer of such plot to respondents, was eminently just and could not be interfered with in High Court Appeal. Khailur Rehman and S.H. Kazilbash for Appellant. Amanullah Khan for Respondents. ORDER WAJIHUDDIN AHMED, J---This is an application under Order 32, Rule 4, Civil Procedure Code and is dismissed having become infructutous at this stage. 2. Having heard the learned counsel several facts have menifested themselves. It is an admitted position that the partnership firm of which the respondents were partners was on 22-7-1959 allotted Plot No. LC-38 in the_ Landhi Industrial Area but because the Karachi Development Authority was unable to effectuate its allotment, an alternative plot in the same area namely, H-17 Was allotted on 15-8-1960. Evidently the last-mentioned plot. was under encroachment and the Karachi Development Authority again failed to deliver possession at any point of time to the firm or its partners. This last…
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