1981 PLP 685 (CLC)
Haji MOOSA‑Plaintiff Versus Haji OOMER AND 3 OTHERS‑‑Defendants
| Citation | 1981 PLP 685 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Saeed‑uz‑Zaman Siddiqui, J |
| Parties | Haji MOOSA‑Plaintiff Versus Haji OOMER AND 3 OTHERS‑‑Defendants |
Q1: What are the key laws and sections cited in 1981 PLP 685 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 685 (CLC)?
The case was heard and decided by the Karachi bench comprising: Saeed‑uz‑Zaman Siddiqui, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 685 (CLC) (Haji MOOSA‑Plaintiff Versus Haji OOMER AND 3 OTHERS‑‑Defendants). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Date of hearing : 5th October, 1980.
Headnotes / Summary
(a) Civil Procedure Code (V of 1908)‑ ‑‑ O. XXXIX, rr. 1 & 2 and O. XL, r. 1‑‑Temporary injunction Appointment of receiver‑Tenant holding over after expiry of lease of 4 plot under dispute‑Landlord bringing section for possession by mandatory injunction and for recovery of charges for use and occupa tion of premises‑Court, held, cannot at interlocutory stage appoint receiver of property in possession of such tenant or restrain him from carrying on lawful trade in accordance with provision of expired lease‑[Receiver‑Injunction]. (b) Sind Rented Premises Ordinance (XVII of 1979)‑ ‑‑ S. 13 read with S. 2(j) (i)‑Eviction of tenant holding over‑Land lord alleging subsequent execution of lease to be fraudulent‑Tenant, however, holding over after expiry of original lease‑Such tenant, held, can only be ejected by adopting course prescribed by Sind Rented Premises Ordinance, 1979‑Landlord, further held, cannot be allowed to circumvent such remedy by applying for appointment of receiver was' in a suit on allegation of subsequent lease being fraudulent. Naseem Farooqui for Plaintiff. Ahmad Saeed Qureshi for Defendants Nos. 1 and 2.
Judgment & Decree
(a) Civil Procedure Code (V of 1908)‑ ‑‑ O. XXXIX, rr. 1 & 2 and O. XL, r. 1‑‑Temporary injunction Appointment of receiver‑Tenant holding over after expiry of lease of 4 plot under dispute‑Landlord bringing section for possession by mandatory injunction and for recovery of charges for use and occupa tion of premises‑Court, held, cannot at interlocutory stage appoint receiver of property in possession of such tenant or restrain him from carrying on lawful trade in accordance with provision of expired lease‑[Receiver‑Injunction]. (b) Sind Rented Premises Ordinance (XVII of 1979)‑ ‑‑ S. 13 read with S. 2(j) (i)‑Eviction of tenant holding over‑Land lord alleging subsequent execution of lease to be fraudulent‑Tenant, however, holding over after expiry of original lease‑Such tenant, held, can only be ejected by adopting course prescribed by Sind Rented Premises Ordinance, 1979‑Landlord, further held, cannot be allowed to circumvent such remedy by applying for appointment of receiver was' in a suit on allegation of subsequent lease being fraudulent. Naseem Farooqui for Plaintiff. Ahmad Saeed Qureshi for Defendants Nos. 1 and