| Citation(s) |
|---|
| 2008 SLG 1840 2008 SLD 1840 2008 SCMR 1395 |
Supreme Court of Pakistan
Civil Petitions Nos.445-K to 447-K of 2006, decision dated: 25-02-2008.(On appeal from the judgments, dated 10-8-2006 in C.P. No. S-593 of 2004, C.P. No. S-199 of 2006, C.P. No. S-724 of 2004 passed by the High Court of Sindh, Karachi)
ABDUL HAMEED DOGAR, C.J., CH. EJAZ YOUSAF AND MIAN HAMID FAROOQ, JJ
Abdul Qadir Khan, Advocate Supreme Court and Tariq Khokhar, Advocate Supreme Court for Petitioners. Malik Muhammad Qayyum, Advocate Supreme Court, Mansoorul Arfin, Advocate Supreme Court and Arshad Ali Chaudhry, Advocate-on-Record for
Respondents
Civil Petitions Nos.445-K to 447-K of 2006, decision dated: 25-02-2008.(On appeal from the judgments, dated 10-8-2006 in C.P. No. S-593 of 2004, C.P. No. S-199 of 2006, C.P. No. S-724 of 2004 passed by the High Court of Sindh, Karachi)
ABDUL HAMEED DOGAR, C.J., CH. EJAZ YOUSAF AND MIAN HAMID FAROOQ, JJ
Abdul Qadir Khan, Advocate Supreme Court and Tariq Khokhar, Advocate Supreme Court for Petitioners. Malik Muhammad Qayyum, Advocate Supreme Court, Mansoorul Arfin, Advocate Supreme Court and Arshad Ali Chaudhry, Advocate-on-Record for
Respondents
Messrs NOORANI TRAVELS, KARACHIs
VS
MUHAMMAD HANIF and others
Law:
Section:
(a) Sindh Rented Premises Ordinance (XVII of 1979)----S. 13---Tenancy in a partnership firm on death of a partner devolves upon his legal heirs as per their respective shares or interest in the partnership---Dissolution of the firm or death of a partner, for the purpose of tenancy or execution of any ejectment order is virtually insignificant---Principles. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 13---Unauthorised sub-tenant can be evicted along with the tenant against whom the eviction order is passed by Rent Controller and he is not a necessary party to the proceedings, being unauthorisedly in occupation of the premises---In order to become a party to the proceedings it is to be established by the Intervener or the interceptor that he has a "legal right in the property which is enforceable by law", otherwise he cannot claim to be a necessary party in the proceedings. Sh. Fazal Elahi & Co. v. Maula Bakhsh and others 1968 SCMR 735; Minochar N. Kharas v. Ali Hassan Manghi and others 1986 CLC 1378 and Taj Muhammad v. Ali Hassan Mangi 1987 SCMR 565 ref. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art. 119---Burden of proof as to any particular fact lies on that person who wishes to believe the court in its existence unless it is provided by law that proof of that fact lies on another person. JUDGMENT CH. EJAZ YOUSAF, J.--- We propose to dispose of these three petitions for leave to appeal through this common judgment as it relates to one and the same property i.e. No.SR-6/3 and SR-6/4, situated on Frere Road and South Napier Road, Karachi, commonly known as "Yousufali Alibhoy Karimji Building" a portion whereof is claimed to be occupied by the petitioner as a lawful sub-tenant. C.P.L.A. No.445-K of 2006 is directed against judgment dated 10-8-2006 passed by the High Court of Sindh, Karachi whereby C.P.No.S-593 of 2004 filed by the petitioner was dismissed and learned Rent Controller was directed to proceed with the execution applications filed by respondents Nos. 1 to 3 in accordance with law. C.P. No.446-K of 2006 is directed against judgment dated 10-8-2006 passed by the High Court of Sindh, Karachi, whereby C.P. No.S-199/2006 filed by the…
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