1382/2013 Const. P. MST. SULTANA AHMED (Petitioner) V/S IIIRD A.D.J KARACHI (WEST) & ANOTHER (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
1382/2013 Const. P. MST. SULTANA AHMED (Petitioner) V/S IIIRD A.D.J KARACHI (WEST) & ANOTHER (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 31-MAY-18
There is no privity of contract between the petitioner and applicant who is claiming to be licensee. The status of the applicant is nothing more than a licensee who does not enjoy any right on its own. He has to sail and sink with the lessee and cannot maintain an independent status as being in alleged occupation or possession. Such occupation was only permissive under the Easement Act and the implied possession was always with the lessee who has already lost the cases up to the Honble Supreme Court and hence has to since with the landlord in pursuance of the eviction order maintained by this Court as well as by Honble Supreme Court. The question of being as licensee and its rights was never taken into consideration in the referred CP No.S-277/2005 (Naimatullah Shaikh vs. Noor Banoi & others) and hence it is per-inquirium. Advocates: Munir Ahmed Malik(ADVO-14377-SBC-KHS),M/S. MOHSIN TAYEBALY & CO.(FIRM-118-SBC-KHI),Ravi Pinjani(ADVO-11673-SBC-KHI),Iftikhar Jawed Qazi(ADVO-2356-SBC-KHE)