ORDER SHEET

     IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            C.P.No.D-404 of 2010

 

 

 

1.                For katcha peshi

2.                For hearing of CMA 1057/10

 

 

ORDER

04.06.2010

 

 

Mr.Mukesh Kumar G.Karara Advocate for petitioner.

Mr.Sardar Abdul Sattar Chohan Advocate for respondent No.2.  

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The learned counsel appearing on behalf of the petitioner states that the petitioner was given some area on lease by the respondent No.2, which was subsequently increased and his possession was regularized finally by means of order dated 18.1.2010 issued by the said respondent No.2. He states that he as the tenant of the said respondent and has been regularly making rental payment in respect of the area leased to him and was operating his business in a wooden cabin constructed in the said area, however his grievance is that on 28.1.2010 the respondent No.1 unlawfully demolished his wooden cabin on the ground that the petitioner had illegally encroached upon an area which had not been leased to him. The petitioner prays that his possession may be restrained and that he may be allowed to utilize the area leased to him by the respondent No.2 in accordance with law. The learned counsel for the respondent No.2 on instruction states that the order dated 18.1.2010 which is at page 33 of the file continuous to hold the field and in terms thereof. The petitioner is the tenant of the respondent No.2 and may utilize the area so specified strictly in accordance with law and reserves the right of the respondent No.2 to take an action in accordance with law against the petitioner and he violate the terms and conditions of the aforesaid order dated 18.1.2010 or fail to make timely payment of the rental amount or otherwise violate any applicable rules and regulation which is within the jurisdiction of the respondent No.2. The respondent No.1 is called absent and the petitioner reserves his right to take such action in accordance with law against the respondent No.1 for continuing, if any, which he may be entitled in accordance with law.         

This petition is allowed to utilize the area leased to him by the respondent No.2 by means of the order dated 18.1.2010 strictly in accordance with the terms and conditions as laid down therein and in accordance with all applicable laws, rules and regulations and if the petitioner fails to abide by the aforesaid order dated 18.1.2010, or fails to make timely payment of rent for the same or otherwise violates any applicable rule or regulation, then the respondent No.2 shall be entitled to take all such action which it is empowered to do so in accordance with law.    

Petition stands disposed off in the above terms.

 

                                               JUDGE

 

                                 JUDGE

Imran