Find a Lawyer

Criminal Reference No. 22 of 1975, decided on 18th February 1977.

---S. 146--Dispute as to possession of immovable property ---Attachment-Possession of respondent clearly established on evidence as against co-respondent-Premises ordered to be desealed and possession restored to respondent until evicted in due course of law.-[Dispute as to possession of immovable property].

Nooruddin Sarki for the State.

S. Azizul Hassan for Respondent No. 1.

Muhammad Asghar Khan (absent) for Respondent No. 2.

Date of hearing: 18th February 1977.

This is a reference by IIIrd Additional Sessions Judge, Karachi recom mending that the order passed by the Assistant Commissioner & S. D. M., New Town under section 146, Cr. P. C. attaching quarter No. 28/4 Orangabad as the subject-matter of dispute may be set aside and possession of the premises may be handed over to Muhammad Azimuddin as the party in possession.

2. The facts in brief are that on 13-3-1970 applicant Muhammad Azimud din had moved an application under section 145, Cr. P. C. before S. D. M. Nazimabad complaining that portion of the quarter in his possession had been illegally occupied by respondent Muhammad Shafiq and his wife and this had created conditions likely to lead to breach of peace. The learned Magis trate after holding the enquiry under section 145, Cr. P. C. came to the conclusion that the possession of either party in respect of the premises had not been satisfactorily established and he, therefore, directed the property to remain sealed under section 146, Cr. P. C. till such time as the civil Court decided the right and title of the party in respect thereto. Being aggrieved by this order Muhammad Azimuddin preferred criminal revision application, which was heard arid decided by the learned Additional Sessions Judge who has made this reference.

3. It has been pointed out by the learned Additional Sessions Judge in his order of reference that the evidence oral as well as documentry clearly established the possession of applicant Muhammad Azimuddin while the claim of respondent Muhammad Shafiq to this property did not appear to be genuine 'that the applicant had produces certificate of K. E. S. C. that the electric meter of the quarter stood in his name and he had produced a similar certificate from the municipal corporation also. He had even produced the rent agreement executed by Muhammad Hanif as a tenant, and the said Muhammad Hanif was soar-in-law of respondent Muhammad Shafiq that the rent agreement which was in favour of his wife Bilquis Begum had been attested by Muhammad Shafiq as a witness that respondent Muhammad Shafiq had filed a suit fur declaration and injunction in respect of the disputed quarter in the Court of IVth Civil Judge, 1^st Class, Karachi being Suit No. 409/70 but the said suit was withdrawn by hire unconditionally and was dismissed on 8-5-1970; that thereafter do further proceedings in respect of this property had been filed in the civil Court to claim either ownership or possession.

It has been argued by the learned counsel on, behalf of Muhammad Azimuddin that the quarter has remained sealed for a number of years and Muhammad Azimuddin is being kept out of possession indefinitely on account of the said order of tile learned S, D. M.

5. Mr. Nooruddin Sarki appearing on behalf of the applicant states that on evidence the possession of Muhammad Azimuddin appears to have been clearly established as against the claim of respondent Muhammad Shafiq. Under these circumstances the reference is accepted and it is directed that since respondent Muhammad Azimuddin is prima facie in possession of the disputed quarter the premises may be unsealed and the possession may be restored to him and he shall retain the possession until evicted therefrom in due course of law and his possession shall not be disturbed by any party till then.

Reference allowed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.