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AMIN GULGEE versus SHABBIR KHAN


Sections 145 and 146 of the Constitution of Pakistan, Article 199 Constitution Petition Controversy over land which is a breach of peace, the applicants were the legal owners of the suit property which had been leased to their predecessor. The applicants sent a request to the relevant development authority (caretaker) to take care of the property while they were living in another city and unable to take care of it and similar requests were sent to the concerned police officers, Instead of taking care of the property, the petitioner filed a petition with the magistrate for the sale of the suit property, as some people wanted to seize the property and at the same time expensive articles were sent to the magistrate without any further inquiries. Examining the original request submitted, all arty Ordered to prepare the inventory of the law and thereafter, to seal the property magistrate under Sections 145 and 146, CC, 1898, could attach the disputed property only after the inquiry and he was unable to satisfy himself. That the party occupied the disputed property, but the magistrate neither made any inquiry nor satisfied himself with any concerns about breach of the peace on the disputed property and directed the sale of the property without giving any reason. On the basis of the stamp paper allegedly executed by the applicant, who was in the interest, the suit claimed to be the property owner's and demanded the surrender, but the magistrate refused, which he angrily denied. The court then filed a review request. After a four-month break, below

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