Law:

Section:

Keywords: Order, Evidence, Guilty, Restoration, Premises, Execution, Dispute, Fine, Payment, Procedure, Inadmissible, Cogent Reasons, Magistrate, Possession, Trial Court, Ejectment, Consideration, Bailiff, Injunction, Offences, Property, Civil Court Result: Petition dismissed JUDGMENT Twenty-seven applicants have filed this revision application against his judgment of Mr. Birjis Qadar, Additional City Magistrate, Karachi, dated the 27th of August 1966, under which he convicted the applicants under sections 147 and 447, P. P. C. and sentenced them each to pay fine of Rs. 10 under each count. He also ordered that they would suffer simple imprison ment for a week and three days respectively in default of payment of fine. The learned Magistrate also directed possession to be given over to Hussain Bhai Karimji, the complainant, under section 522, Cr. P. C. It arises out of the following facts. 2. The plot in dispute which is surrounded by a compound wall with a door in it admittedly belongs to Hussain Bhai Karimji. It was occupied by the applicants. The complainant filed a suit for ejectment in the year 1952 and prayed for Ismail Agarria and all persons claiming through him to be ejected and vacant possession of the premises to be given to him. This suit was decreed in the year 1960. Appeals filed against this judgment and decree were dismissed. The complainant then applied for execution of the decree pursuant to which he got the possession of the plot on 21st of March 1960, in the presence of the bailiff, the police and Mr. Muhammad Yousaf Khan, A. C. M. Karachi. The applicants are then said to have filed a suit for injunction on the 28th of March 1960 and obtained an order for interim injunc tion. They then occupied the plot forcibly on this date. The order of interim stay was then vacated. The suit filed by them was also dismissed. The appeals filed against this judgment were also dismissed. 3. The complainant thereafter filed a complaint on the 8th of May 1963 under section 147/447, P. P. C. The applicants were discharged by Mr. M. M. Jaffari, Additional City Magis trate, Karachi. A revision application was then filed on which further inquiry under section 436,…

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