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ALAMDAR HUSSAIN versus EMMANUAL VICTOR K.


Sindh Tenant Limitation Ordinance 1979 Section 2 (f) (j), 15 and 18 Houses for Transfer of Ownership with Landlord and Tenants, New Transfer of Landlord to Older Landlord or Transfer of Ownership No contract will be made under section 18. Applicable where the new landlord was not a successor in the interest of the old landlord, the dispute was actually transferred to the old landlord's favor and was later canceled and in favor of the appellant / new landlord. The landlord was never transferred or transferred in the dispute Appellant / Consequently the landlord in favor of the transfer cannot be considered as the successor in the interest of the old landlord nor the respondents who are the custodians of the Equity property There are no tenants of the landlord who can be considered as a tenant in which the landlord and rent between the parties The relationship was not established. Conditions

1987 M L D 2239(1)

[Karachi]

Before Abdul Qadeer Chaudhry, Actg. C J

MUHAMMAD NISAR ALI--Petitioner

versus

PRINCIPAL AND CHAIRMAN, SELECTION COMMITTEE--Respondent

Constitutional Petition No.381 of 1986, decided on 15th October, 1986.

Constitution of Pakistan (1973)-

--Art.199--Educational institution--Admission in Medical College---Student securing less marks than petitioner allowed commission in Medical College--High Court accepted constitutional petition for admission of petitioner to Medical College on statement of Authorities that a seat was vacant, where petitioner could be accommodated and admitted.--[Educational institutions].

S.A. Wadood for Petitioner.

R.H.Farooqi and Ibrahim Memon, A.A.-G. for Respondent.

Date of hearing: 15th October, 1986.

JUDGMENT

Mr. Iqbal Qureshi, Superintendent Dow Medical College, student Branch and Dr. A . R. Hingoro, Section Officer, Ministry of Health, Government of Sind, have stated that last student who has been admitted to the Medical College has secured 66.90 marks. The petitioner has secured 67.40 marks. According to their statement a seat is lying vacant and as he has secured more marks than the last student who has been admitted to college, therefore, he can be accommodated and admitted in the Medical College.

In view of the statements of these officers, the petition is accepted and the respondents are directed to admit the petitioner in Dow Medical College. However, there will be no orders as to costs.

A.A./M-233/K . Order accordingly.

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