1998 PLP 428 (SCMR)
MUHAMMAD ASLAM KARIMI‑‑‑Petitioner Versus KHALIL AHMAD and others‑‑‑Respondents
| Citation | 1998 PLP 428 (SCMR) |
| Forum / Court | Supreme Court of Pakistan, |
| Bench Members | Ajmal Mian, Saiduzzaman Siddiqui and Abdul Hafeez Memon, JJ |
| Parties | MUHAMMAD ASLAM KARIMI‑‑‑Petitioner Versus KHALIL AHMAD and others‑‑‑Respondents |
| Primary Law | Civil Procedure Code (V of 1908)‑‑‑ |
Q1: What are the key laws and sections cited in 1998 PLP 428 (SCMR)?
This judgment primarily cites: Civil Procedure Code (V of 1908)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 428 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan, bench comprising: Ajmal Mian, Saiduzzaman Siddiqui and Abdul Hafeez Memon, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 428 (SCMR) (MUHAMMAD ASLAM KARIMI‑‑‑Petitioner Versus KHALIL AHMAD and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Fakhruddin G. Ibrahim, Senior Advocate Supreme Court with K.A. Wahab, Advocate‑on‑Record (absent) for Petitioner.
- Khalil‑ur‑Rehman, Advocate‑on‑Record for Respondents.
- Date of hearing: 22nd April, 1996.
- Fakhruddin G. Ibrahim, Senior Advocate Supreme Court with K.A. Wahab, Advocate-on-Record (absent) for Petitioner.
- Khalil-ur-Rehman, Advocate-on-Record for Respondents.
- This petition has been filed against the dismissal of the application under section 12(2), C.P.C. Mr. Fakhruddin G. Ibrahim, Senior Advocate Supreme Court for the petitioner, submits that his client would not press for the above petition if he is allowed time up to end of the year. Whereas Mr. Khalil-ur-Rehman, learned counsel for respondents Nos.1 and 2 is agreeable to four months' time. We allow time to the petitioner up to 30th November, 1996 on the condition that in case the petitioner fails to hand over the vacant possession on the expiry of the above period, the Rent Controller shall cause execution of writ of possession with police aid without further notice to the petitioner. Mr. Fakhruddin G. Ibrahim, learned counsel for the petitioner, undertakes that the petitioner before expiry of the above period would discontinue receipt of the petrol. The petition is dismissed with the above observations.
Headnotes / Summary
(On appeal from order dated 4‑4‑1996 passed by the High Court of Sindh, Karachi, in F.R.A. No.371 of 1991). ‑‑‑‑S. 12(2)‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Ejectment of tenant‑‑‑Extension of time for vacation of premises‑‑‑Petitioner's undertaking not to press for petition for leave to appeal if he was allowed time up to end of the year‑‑‑Respondents were agreeable to four months' time‑‑‑Supreme Court allowed petitioner time up to 30th November, 1996 on condition that in case of petitioner's failure to hand over vacant possession on expiry of such period, Rent Controller would cause execution of writ of possession with police aid without further notice to petitioner.
Judgment & Decree
(On appeal from order dated 4-4-1996 passed by the High Court of Sindh, Karachi, in F.R.A. No.371 of 1991).
S. 12(2)
Constitution of Pakistan (1973), Art. 185(3)
Extension of time for vacation of premises
Petitioner's undertaking not to press for petition for leave to appeal if he was allowed time up to end of the year
Respondents were agreeable to four months' time
Supreme Court allowed petitioner time up to 30th November, 1996 on condition that in case of petitioner's failure to hand over vacant possession on expiry of such period, Rent Controller would cause execution of writ of possession with police aid without further notice to petitioner. Fakhruddin G. Ibrahim, Senior Advocate Supreme Court with K.A. Wahab, Advocate-on-Record (absent) for Petitioner. Khalil-ur-Rehman, Advocate-on-Record for Respondents. Date of hearing: 22nd April, 1996. This petition has been filed against the dismissal of the application under section 12(2), C.P.C. Mr. Fakhruddin G. Ibrahim, Senior Advocate Supreme Court for the petitioner, submits that his client would not press for the above petition if he is allowed time up to end of the year. Whereas Mr. Khalil-ur-Rehman, learned counsel for respondents Nos.1 and 2 is agreeable to four months' time. We allow time to the petitioner up to 30th November, 1996 on the condition that in case the petitioner fails to hand over the vacant possession on the expiry of the above period, the Rent Controller shall cause execution of writ of possession with police aid without further notice to the petitioner. Mr. Fakhruddin G. Ibrahim, learned counsel for the petitioner, undertakes that the petitioner before expiry of the above period would discontinue receipt of the petrol. The petition is dismissed with the above observations. A.A./M-51/S Petition dismissed.