IN THE HIGH COURT OF SINDH AT KARACHI
II-Appeal No. 131 of 2016
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE |
1. For order on office
objection at A
2. For hearing of main
case
26.11.2024
Syed
Sultan Ahmed advocate for the appellant
Mr.
Manzoor Ahmed Arain advocate for respondents No.1 and 2
-.-.-.-.-.-.-.
This II-Appeal is filed by appellant
Zulfiqar Ali against Chairman and Administrator of Evacuee Trust Property
Board, being dissatisfied with the judgment dated 22.09.2016 and Decree dated
30.09.2016, passed by learned V-Additional District Judge, Karachi East in
Civil Appeal No. 109/2007, whereby appeal was allowed and judgment and decree
dated 09.08.2007 passed by IV-Senior Civil Judge Karachi East in Civil Suit
No.973/2005 were set aside and suit of the respondent/plaintiff was dismissed.
2. During pendency of the aforesaid
appeal, learned advocate for the appellant filed statement dated 22.09.2020, it
is reproduced as under:
“It is respectfully submitted on behalf of the
appellant above named that the appellant is in possession of suit property
prior to 1995. According to the Scheme, 1977 of Evacuee Trust Property Board,
my possession can be regularized. I say that I will not press my appeal, if
Evacuee Trust Property Board regularized my possession in accordance with their
Scheme of 1977.
It is, therefore, prayed that this Honourable Court may
be pleased to direct Evacuee Trust Property Board to regularize my possession
as per Law/Scheme 1977.”
3. Mr. Manzoor
Ahmed Arain advocate appeared on behalf of Evacuee Trust Property Board,
Government of Pakistan. Mr. Arain has filed Counter Affidavit on appellant’s
statement on behalf of Muhammad Ashraf Deputy Administrator (Rural) Evacuee
Trust Property, Government of Pakistan, Karachi, in para-4 it is mentioned as
under:
“4. That
Evacuee Trust Property Board shall have no any objection if the II-Appeal is
disposed off in terms of the statement filed by the Appellant, it is pertinent
to point out under the act specific mechanism/procedure has been provided for
regularization of possession of old tenants and if the Appellant shall approach the competent authority under the said
scheme his application of regularization of possession will be dealt
accordingly as per law and the matter can be disposed off on these terms.”
4. In the
view of above, by consent, II-Appeal No. 131 of 2016 is disposed of in the
terms mentioned in para-4 referred hereinabove, with direction that application
of appellant Zulfiqar Ali shall be considered by competent Authoirty, strictly
in accordance with law.
JUDGE
Wasim
ps