1989 MLD 3882 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ALI VS E.H. ELAHI ALVI Displaced Persons (Compensation and Rehabilitation) Act 1958--10 , Displaced Persons (Compensation and Rehabilitation) Act 1958--11 , Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Displaced Persons (Compensation and Rehabilitation) Act 1958 ---Ss. 10, 11 & 30--Civil Procedure Code (V of 1908), S.9--Suit for possession and mesne profits--Maintainability--Petitioner was tenant of Custodian of Evacuee Property and paid rent of property to Custodian--Property was transferred to respondents by Settlement Authorities and PTD issued m their favour and their names were entered in Survey Record as owners of said property--Respondents filed suit for possession and mesne profits on ground that they were owners and petitioner was trespasser--Trial Court found petitioner as statutory tenant of respondents and entitled to notice under section 30 of Act XXVIII of 1958-Held proper course for eviction of tenants was to file eviction application and not civil suit as same was not maintainable in circumstances--Respondents being transferees of an open plot which was transferred to them by Settlement Department and petitioners were in possession of premises (shops/houses) prior to transfer in favour of respondents/petitioner would be deemed to be tenant in respect of shops/houses on plot in suit and suit instituted by respondents against petitioner for possession and mesne profits was not maintainable--Judgment and decree of trial Court upheld.