1968 PLP 336 (SCMR)
ABDUL GHAFOOR-Petitioner Versus Pir ILLAHI BUKHSH CO-OPERATIVE HOUSING SOCIETY-Respondent
| Citation | 1968 PLP 336 (SCMR) |
| Forum / Court | High Court |
| Bench Members | A. R. Cornelius, C. J. and S. A. Rahman, J |
| Parties | ABDUL GHAFOOR-Petitioner Versus Pir ILLAHI BUKHSH CO-OPERATIVE HOUSING SOCIETY-Respondent |
Q1: What are the key laws and sections cited in 1968 PLP 336 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1968 PLP 336 (SCMR)?
The case was heard and decided by the High Court bench comprising: A. R. Cornelius, C. J. and S. A. Rahman, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1968 PLP 336 (SCMR) (ABDUL GHAFOOR-Petitioner Versus Pir ILLAHI BUKHSH CO-OPERATIVE HOUSING SOCIETY-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Ahsanul Hag, Senior Advocate Supreme Court (Fazio Ali, Advocate Supreme Court with him) instructed by Anwar Ali, Attorney for Petitioner.
- Nemo for Respondent.
Headnotes / Summary
(On appeal from the order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 30t March 1967, in Second Appeal No. 124 of 1967). Lease and licence-Rent, payment of-Common incident of licence as well as lease.
Judgment & Decree
CORNELIUS, C. J.-To avoid a threat by the Pir Illahi Bukhsh Co-operative Housing Society Ltd., of ejectment from a plot belonging to the Society on which he had set up a cabin in which he ran a shop, the petitioner Abdur Ghafoor filed a suit for a declaration that he was lessee of the plot and not a mere licensee, and he asked also for a permanent injunction against the Society not to disturb his possession. The Courts below have held that Abdul Ghafoor was a licensee, relying on the document by which he gained possession of the land, which expressly conferred a temporary licence. This was accepted by Abdul Ghafoor in writing on the licence form. His case for being a lessee rested wholly on the fact that he had been paying rent for the site, but such a payment is a common incident of a licence as well. It is clear that Abdul Ghafoor's claim was baseless, and relief was rightly refused to him. This petition for leave to appeal further, is dismissed. Petition dismissed.