ORDER SHEET
C.P. No. S-212 of 2009
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Order with signature of Judge
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1. For orders on CMA No.1167/2009.
2. For orders on CMA No.1168/2009.
3. For Katcha Peshi.
4. For orders on CMA No.1169/2009.
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29.04.2009.
Mr. Zahid Hamid, advocate for the Petitioner.
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1. Granted.
2. Granted subject to all just exceptions.
3. Learned counsel for the Petitioner has contended that the Petitioner is a Social Welfare Agency and engaged in imparting education to the disabled children in the demise premises situated in Gulshan-e-Iqbal, Karachi rented out by the Deceased landlord on the basis of tenancy agreement executed between the parties on 01.10.1997, which amply satisfies that it shall remain in force and its possession would also remain with the Petitioner until they are able to acquire other suitable building to continue the project.
Learned counsel for the Petitioner has further contended that the Courts below in their concurrent findings have failed to adhere the dictum laid down in the case of Mrs. Zehra Begum vs. M/s. Pakistan Burmah-Shell Ltd (PLD 1984 SC. 38) and M/s. Dadabhoy Cement Industries Ltd vs. M/s. National Development Finance Corporation (2002 CLC 166) and had resorted to pass eviction order against the tenant, in absence of cogent evidence and had arrived at adverse conclusion as to what has been laid down in the cases quoted herein above. Contention raised requires consideration. Issue pre-admission notice to the Respondents for 18.05.2009.
4. Notice as above. In the meanwhile, operation of the impugned judgment is hereby suspended till the next date of hearing.
JUDGE
MUBASHIR