Law:

Section:

Transfer of Property Act (IV of 1882)--- ----Ss. 105, 106 & 117---Industrial Relations Ordinance (XXIII of 1969), S.2(xiv)---Ejectment of Educational institution, suit for---Filing of suit before expiry of six months after service of notice upon lessee under S.106 of Transfer of Property Act, 1882---Maintainability---Educational institution did not fall within definition of "industry." provided under S.2(xiv)of Industrial Relations Ordinance, 1969---Such suit was not covered by provisions of Ss.105 & 117 of Transfer of Property Act, 1882, thus, fulfilment of mandatory requirements of S.106 thereof prior to filing of suit was not obligatory on lesser---Such suit was, not defective for want of any notice. Province of Sindh through Secretary Education, Sindh Secretariat Karachi and others v. Nisar Ahmed 1983 CLC 1905 ref. Board of Governors, Aitchison College, Lahore v. Punjab Labour Appellate Tribunal 2001 SCMR 1928 and Zahid Mahmood v. Muhammad Sawar 2000 MLD 952 rel. JUDGMENT ARSHAD NOOR KHAN, J.---This Revision Application has been directed against the order passed by the learned IV Additional District Judge, Karachi-East in Civil Appeal No.84 of 1997 (Government of Sindh and others v. Mst. Rabia Begum and others), who, while allowing it, set aside the judgment and decree passed by the learned-II Senior Civil Judge, Karachi-East in Civil Suit No.727 of 1996. The facts leading rise to the present Revision Application in brief are that the applicants are the owners and landladies of house constructed on plots, bearing Survey Nos. G-205, G-206 & G-207, PIB Colony, Karachi. The said premises was rented out to the respondent No.4, White Hall School by the attorney of the applicants on 22-6-1965 and such rent agreement annexure A/2 was executed on 22-6-1965 and the rate of rent was agreed at Rs.800 per month. It is further stated in the plaint that the respondents Nos.1 to 3 took over the possession of the aforesaid school in pursuance of MLR-118 and the applicants filed ejectment case against the White Hall School Educational Society vide Rent Case No.145/1971, which was allowed by the Rent Controller, but in view of MLR-118, the decree could not be…

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