Law:

Section:

THIS ORDER PASSED BY: S. ALI ASLAM JAFRI, JUSTICE:---.--- The applicants/plaintiffs who claim to be owners/proprietor of Messrs Faisal Khalid Cargo Suppliers Trailer and Truck Services andmember of Karachi Goods Carriers Association filed Suit No. 509 of 1995 in the Court of learned IVth Civil Judge, Karachi West praying therein for the following reliefs: "It is most respectfully prayed that this Hon'ble Court may graciously be pleased to pass a decree declaring that the plaintiff is entitled for the possession of Plot bearing No. 183, New Truck Stand, Hawksbay, Karachi; (b) Pass a decree for possession of the abovementioned plot in favour of the plaintiff; (c) Pass a decree of permanent injunctions restraining the defendants, their agents, servant or any other person or persons acting on their behalf from allotting, transferring, alienating, leasing the abovementioned plot to any other person or persons other than due process of law. The applicants/plaintiffs stated in their plaint that defendants Nos.1 to 3 wanted to shift the Truck Stand of Goods Carriers from Maripur Road to the New Truck Stand at Hawksbay, Karachi. The plaintiffs were informed on 10th November, 1986 by the Karachi Goods Carriers Association of having been given the membership of the Association and were asked to pay their membership fee of Rs,100 and the monthly contribution for the months of October, and November, 1986. The plaintiffs further stated that on 14-7-1994 the defendants Nos.1 to 3 issued a challan for Rs, 21,000 being the first instalment as part payment in respect of Plot No. 183 allotted to them. The plaintiff paid such amount but the defendants Nos.1 to 3 did not issue fresh challan and went on keeping the plaintiffs on hopes. The plaintiffs came to know that their allotment was being cancelled and the plot allotted to them was being allotted to some other person hence they submitted applications to defendant No. 1 on 4-8-1994, 19-9-1994 and again in the month of August, 1995 but the same remained unresponded. The plaintiffs claim to have a legal right for possession, lease and allotment of Plot bearing No. 183 New Truck Stand Hawksbay, Karachi and as such filed the suit…

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