ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-77 of 2021

___________________________________________________________________                                        Date                                      Order with signature of Judge 

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PRIORITY CASE:

1.     For order on CMA No.1072/2021 (Urgent).

2.     For order on CMA No.1073/2021 (Stay).

3.     For hearing of CMA No.290/2021 (Stay).

4.     For hearing of main case.

(Notice issued for 27.01.2021)

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13th January 2021

Mr. Faiz Ahmed, Advocate for Petitioner.

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1&2.     Learned counsel for the petitioner seeks urgency on the ground that inspite of issuance of notice to the respondents by this Court, respondents are proceeding against the petitioner to recover the disputed amount by adopting coercive measures, whereas, notice under section 12 of the Cantonment Rent Restriction Act, 1963 has been issued malafidely by respondents on 11.01.2021 for the recovery of outstanding dues. Per learned counsel, petitioner being a tenant is not liable to make payment of the property tax and conservancy charges, as it is primarily responsibility of the owner of the property. However, according to learned counsel, respondents are proceeding against the petitioner in violation of law. Learned counsel has filed a statement dated 13.01.2021 alongwith annexures, which is taken on record. Urgency granted. Let notice of the application listed at Serial No.2 be issued to the respondents as well as D.A.G, to be served through first three modes, for 27.01.2021, when instant petition is already fixed for hearing, whereas, counter-affidavit/objection, if any, shall be filed with advance copy to the learned counsel for petitioner. However, till next date of hearing, respondents may not take any coercive action against the petitioner pursuant to the impugned notice dated 11.01.2021 in respect of the disputed amount of property tax and conservancy charges.

3&4.     Deferred.

      J U D G E

 

J U D G E