1994 PLD 379 KARACHI-HIGH-COURT-SINDH

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ABDUL HAMEED VS HIFAZAT HUSSAIN JAFRI Sindh Rented Premises Ordinance 1979--21 , ----S. 21---Martial Law Order, 1978 (Zone `C') No.20---Order of eviction passed by Summary Military Court was ultimately set aside by High Court--Restitution of possession---Fact that possession in the meantime had been made over to third party was of little account for such third party was claiming under the person obliged to restitute possession---Matter was further compounded by the fact that third party rights were created after the decision in appeal by the High Court and in negation of spirit of the order passed in Constitutional petition whereby order of eviction passed by Summary Military Court was stayed.