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YOUSUF versus KARACHI PORT TRUST, KARACHI


Articles 12, 42 and 54 of the Civil Procedure Code (V8 1908), O XXXIX, RR 1, 2 and O VII, R 11 suit were for the dismissal of the specific performance, declaration and permanent injunction against the defendant who has thereby Had obtained the plot. Following the execution by the defendants, the plaintiff claimed that the defendants had demanded an increase in rent. And that the plaintiff requested the defendants to reconsider the rent increase and request a renewal of the lease for another 25 years. That the respondent, in the letter, had asked the plaintiff to hand over the empty possession of the plot to the defendants within seven days. Counsel for the defendants argued that after the earlier lease expired on August 11, 2001, no new lease was implemented. In favor of the plaintiff and that the plaintiff could not get rid of the claim and permanent injunction sought by the plaintiff in his suit after the lease expired, for a specified period of time. Were not disputed by. In the favor of the plaintiff, the lease had already expired and no fresh lease was given to the parties, it was not disputed that some part of the plots discussed under the Port Development and Tamir e Karachi program. And other adjoining plots. Was used and the defendants did not propose to leave anything left in the future and proposed to use the same place in the event of a temporary grant of a temporary injunction The application for was denied and the plaintiff was rejected under O VII, R 11 CPC.

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