MOOSA versus OOMER

O xxxIX, rr 1 & 2 and O XL, r 1 Temporary Order Receipt of the tenant to bring the section for occupation by compulsory injunction after the lease expires of 4 plots under dispute. And cannot, after the holding, determine the recipient of the property in the possession of such tenant at the mutual stage, or to make a lawful trade pursuant to the expiration of the lease, for the purpose of recovering the use of the covered court and the possession of the occupancy charges. Can prevent [Recipient integration] O XXXIX, rr 1 & 2 and O XL, r 1 Receipt after termination of 4 plot leases under temporary injunction dispute Appointment of the tenant The landlord may not, by compulsory injunction, appoint a receiver of such occupancy at the underwriting stage, in order to bring the section for occupancy and to recover the use of the covered court and to recover the occupancy charges. Prevent legitimate trading by providing a tenant or expired lease [recipient affiliate]

1981 C L C 685

[Karachi]

Before Saeed‑uz‑Zaman Siddiqui, J

Haji MOOSA‑Plaintiff

versus

Haji OOMER AND 3 OTHERS‑‑Defendants

Suit No. 293 of 1980, heard on 5th October, 1980.

(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.

Date of hearing : 5th October, 1980.

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