2021 MLD 919 KARACHI-HIGH-COURT-SINDH

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ABDUL HAMEED ASGHAR VS VTH ADDITIONAL DISTRICT JUDGE-EAST S.15---Constitution of Pakistan, Art.199---Civil Procedure Code (V of 1908), S.151---Trust Property---eviction application---Personal bona fide need of an individual and not the trust---Effect---Rented premises being the property of a Trust, application for eviction was moved not in the name of Trust, instead by an individual (respondent) in his personal capacity---Petitioner/tenant filed two urgent applications under S.151, C.P.C., in main constitutional petition; one for recalling previous order and other for restitution of the property in question---Petitioner/tenant while invoking constitutional jurisdiction got interim (status-quo) order of suspension of the operation of the impugned orders passed by the two Courts below in favour of said individual/respondent---Respondent, while adopting delaying tactics in main constitutional petition , filed an (urgent) application under S.151, C.P.C., and maneuvered to get the status-quo orders recalled without notice to the petitioner/tenant ---Respondent got possession of demised property through the Executing Court under the cover that status-quo orders had been recalled by the High Court---Held, that respondent had not filed any counter affidavit to the two applications moved under S.151, C.P.C., by the petitioner/tenant, however, in the counter affidavit filed earlier in the main constitutional petition, respondent had confirmed the contention of the petitioner that the property-in-question belonged to the Trust and not to him---Record revealed that earlier permission for sale of the Trust property, including the tenement in dispute, was obtained by the Trust, which confirmed the fact that case had been filed by an incompetent person in his personal capacity---Before deciding the question of maintainability of case filed by the respondent ,High Court directed that its Nazir would immediately take over the property-in-question which was subject matter of present constitutional petition and the same would remain in his custody pending decision on main constitutional petition; that in case of demolishing/damaging of the tenement, no construction would be allowed on the subject property by anyone---Applications filed by the petitioner/tenant were disposed of accordingly.