IN THE HIGH COURT OF SINDH

AT KARACHI

Constitution Petition #-D- /2001

Khalid Ziaddin Khan………………………….………………..Petitioner.

VERSUS
Umer Haleem & others……………………….……………...Respondents.

INDEX

S.No DESCRIPTION ANNEXED PAGES

From to
1. Memo of petition 1 15
2. Copy of Letter Dated 20.03.1998 A 17
3. Copy of Letter Dated 21.04.1998 B 19
4. Copy of Seniority List Dated 31.12.1995 C 21
5. Copy of Seniority List Dated 31.12.1996 D 23
6. Copy of Representation Dated 20.02.1997 E 25 29
7. Copy of Promotion Grading list F 31
8. Copy of Representation Dated G 33 37
9. Copy of Letter Dated 31.12.1997 H 39 45
10. Copy of Representation Dated 01.03.1999 I 47 49
11. Copy of Appeal filed before FST J 51
12. Certified Copy of FST Dated 24.07.1998 K 53 55
13. Copy of Letter Dated 10.11.1999 L 57 59
14. Copy of Letter Dated 14.01.2000 M 61 63
15. Copy of Letter Dated 13-10-1998 N 65
16. Exemption App. & Affidavit - 67 71
17. Vakalatnama - 73
Karachi.
Dated : 10-10-2001 Advocate for the petitioner
 Page # 1

IN THE HIGH COURT OF SINDH

AT KARACHI

(Constitutional jurisdiction )

Constitution Petition #-D- /2001

Khalid Ziaddin Keen son of

Muhammad Siddiq Keen
Muslim adult, resident of
51/11,Khayaban-e-Hilal, Phase VI
Defence Housing Authority
Karachi………………….
………………………………………….Petitioner

VERSUS

1. Umer Haleem son of Dr. S.M Umer

Muslim adult, resident of 55, 5th
Commercial Street, Defence
Housing Society Karachi.

2. M/s. North South Automobiles Ltd.,

Through its Chief Executive Namely
Nazar Hussain son of Allah Dino,
Having its office at 812, C-2,
Commercial Area, PECHS
Society Karachi.

3. IV Senior Civil Judge/

Rent Controller Karachi
East Having its Office at
City Courts Karachi………………………..……………..…. Respondents

Constitution Petition under Article 199 of The

Constitution of Islamic Republic of Pakistan, 1973.
 The Petitioner above named beseeches as under:- Page # 3

1. That in the year 1991, petitioner filed a Miscellaneous Rent Case #

618/1991 in the court of First Senior Civil Judge/Rent Controller
Karachi East against the respondent # 1 and deposited rent thereon
in the name of respondent # 1, which respondent # 1 is withdrawing
continuously prima facie showing that the petitioner is admitted
tenant and respondent # 1 is landlord. ( True Photo state copies of the
diary sheets of referred rent case are appended herewith and
marked as ‘A’ to ‘ I ’).

2. That in the year 1992, respondent # 1 filed a Rent Case # 12/1992

before the respondent # 3, where he malafidely made opponent to
respondent # 2 in stead of the petitioner, who was actual tenant and
succeeded in his evil design to get ex prate order ( True Photo state
copy of Rent Order dated 31.05.1993 is appended herewith and
marked as ‘ J’).

3. That the petitioner as soon as came in knowledge about the dictum of

learned Rent Controller dated 31.05.1999 he, rushed to the court of
learned Rent Controller and invoked jurisdiction of section 12 (2)
Code of Civil Procedure but unfortunately this application was
dismissed by the learned predecessor of respondent # 3.

4. That the petitioner being aggrieved preferred First Rent Appeal #

1247/2000, wherein this Honorable may be pleased to pass an order
of injunction but subsequently this appeal too due to non-appearance
of the learned counsel of the petitioner was dismissed in non
prosecution. (Photo state copy of both the orders are appended
herewith and marked as ‘ K ’ and ‘L’ ).

5. That at execution stage , the petitioner filed two applications before

the learned Rent Controller/ respondent # 3,one under order XX1
Rule 99, 100 and 103 and other one under order 1 Rule 10 Code of
Civil Procedure, incorporating therein the true factual and legal
position, but the respondent # 3 without going through the application
 Page # 5

dismissed the same vide its order dated 25-08-2001 and in order it is
appearing that this order was passed on application under order 1
Rule 10 but after thought word under order 21 Rule 99,Page # 5103
100 and
C.P.C. was inserted to get rid of the other application, hence this
Constitution Petition have no other alternate remedy on the following
ground amongst others inter alia ( True photo state copies of
applications ,counter affidavits and order dated 25.08.2001 are
appended herewith and marked as ‘M’ ,’N’, ’O’, ‘P’ and ‘Q’ ).

GROUNDS

1. That admittedly respondent # 1 is withdrawing rent deposited by the

petitioner in his name for demised premises and admittedly the
respondent # 1 has not field any ejectment proceeding against the
petitioner.

2. That the impugned order passed by respondent # 3 is arbitrary,

perverse, whimsical bad in the eyes of law and the same is liable to
be set aside as the learned Rent Controller has not applied its mind
to specific facts of the case and she while dismissing one application
of the petitioner under order 1 Rule 10 Code of Civil Procedure with
her hand added and u/o 21 R 99,100 and 103 C.P.C in the order,
while entire order is silent about the facts and ground taken by the
petitioner for resistance of possession of the demised premises.

3. The petitioner has rightly field an application under order XX1 Rule
99,100 and 103 Code of Civil Procedure and this application was
required to be properly considered but the same was dismissed and
impugned order is not speaking order.

4. That impugned order was passed in rent execution proceedings and

order is being interim in nature as execution proceeding is still
pending before the respondent # 3, neither this order was passed in
rent case thus no other adequate remedy is available to the petitioner
either in shape of appeal or revision for seeking direction/setting
 aside same except by filling this Constitution Petition in this
Honorable Court . Page # 7
5. That order dated 31.08.2001, appended above marked as ‘Q’ is
impugned order in this constitution petition , and the petitioner has
not filed any other petition prior to this constitution petition in this
Honorable Court for the relief prayed in this Constitution Petition .

PRAYER

The petitioner therefore prays that this Honorable Court may be

pleased to issue appropriate writ/ direction in his favor and against
the respondents as under:-

(a) To direct the respondents to make compliance of order passed by

Honorable Federal Service Tribunal Islamabad, Camp Office at
Karachi on 24.07.1998 in Appeal # 110 ( K) of 1998,appended with
the petition and marked as ‘K’.

(b) To declare that held in abeyance the due qualified promotion of the
petitioner from 05-11-1997 is illegal, violation of all rules and
policies based on malafide, having no legal effect and is not binding
for the petitioner.

(c) To direct the respondents to release/issue the promotion order of the

petitioner held in abeyance with effect from 31-01-1997 and pay all
arrears differences in salaries/allowances/entitlements/perks/bonuses
and all other emoluments related to retirement, being the difference
between the grates and cadres of a Deputy General Manager and
General Manager.

(d) Any other equitable relief (S) as this Honorable Court may deem fit
and proper under the circumstances of this constitution petition

Karachi Petitioner
Dated: 10-10-2001
 Advocate for the Petitioner
Page #

VERIFICATION

I, Khalid Ziaddin Keen son of Muhammad Siddiq Keen Muslim adult,

resident of 51/11,Khayaban-e-Hilal, Phase VI Defence Housing
Authority Karachi / petitioner above named do hereby state and verify
on oath that whatever has been stated above is true and correct to the
best of my knowledge, information and belief.

Deponent

The deponent is identified by me

Advocate

Oath administered before me by the deponent above named at

Karachi on this 10th day of October,2001, the deponent is identified
to me by Mr. Ashraf Ali Advocate, who is personally known to me.

Commissioner for taking affidavit

Documents field with annexed A to Q

Documents relied upon as above and all other
necessary documents
Address for service As given in the memo of
of the petitioner this constitution petition

Address for service of M/s Aashar Law Associates

the petitioner’s counsel Office # 19,20 Mezzanine Floor
Al-Burhan Center Saddar Karachi.
Phone. 7233100,7236986 & 7221264
 Page #

IN THE HIGH COURT OF SINDH

AT KARACHI

Criminal Bail App.# /2002

Muhammad Akhtar ………………………….………………..Applicant.

VERSUS

The State……………………….……………………………...Respondent.

APPLICATION UNDER SECTION 561-A

CRIMINAL PROCEDURE CODE, 1908

It is submitted that this Honorable court may be pleased to grant

exemption from filing certified copy of Annexure E.

Prayer in the greater interest of justice and equity.

Karachi Advocate for the Applicant.

Dated: 20-12-2002
 Page #

IN THE HIGH COURT OF SINDH

AT KARACHI

Constitution Petition #-D- /2001

Khalid Ziaddin Khan………………………….………………..Petitioner.

VERSUS
Umer Haleem & others……………………….……………...Respondents.

AFFIDAVIT

1. I, Khalid Ziaddin Keen son of Muhammad Siddiq Keen Muslim adult,

resident of 51/11,Khayaban-e-Hilal, Phase VI Defence Housing
Authority Karachi, do hereby state on oath as under:-

2. That I am petitioner in the above matter, as such am fully

conversant with the facts there of.

3. That the accompanying application under section 151, Code Of Civil

Procedure for exemption has been drafted and filed by my counsel
under my specific instructions, contents there in are true and correct
to the best of my knowledge, information and belief.

4. That certified copies/original of annexed A to P are not available to

me and in case if I would apply for certified copies the entire prayer
will be defeated as the respondent # 3 has already issued writ of
possession.
 Page #
5. That for the sake of brevity and in order to avoid duplication, I adopt
the contents of accompany application as integral part and parcel of
this affidavit and do not repeat the same.

6. That I shall be seriously prejudiced and shall suffer an irreparable

loss, until accompanying application is allowed.

7. That whatever stated above is true and correct to the best of my

knowledge and belief.

Karachi DEPONENT.
Dated: 10-10-2001

Identified by me .

Advocate.

Stated on Oath before me by the deponent above named at Karachi,

on this the 10th day of October, 2001 , the deponent was identified to
me by Mr. Ashraf Ali Butt, Advocate, who is personally known to me.

Commissioner for taking affidavit.

 IN THE HIGH COURT OF SINDH
AT KARACHI

Constitution Petition #-D- /2001

C.M.A # /2001

Khalid Ziaddin Khan………………………….………………..Petitioner.

VERSUS
Umer Haleem & others……………………….……………...Respondents

APPLICATION UNDER ORDER XXXIX

RULE 1 & 2 READ WITH SECTION
151CODE OF CIVIL PROCEDURE

On consideration of facts and grounds disclosed in the accompanying

affidavit, it is most respectfully prayed on behalf of the petitioner
above named that this Honorable court may be pleased to grant
injunction, restraining, therein to the respondent 3 from further
proceeding execution 24/1993 of Rent Case # 12 of 1992 pending
disposal of this constitution petition.

An ad interim order be solicited meanwhile in terms of main prayer

in the greater interest of justice and equity.

Karachi Advocate for the petitioner

Dated 10.10.2001
 IN THE HIGH COURT OF SINDH
AT KARACHI

Constitution Petition #-D- /2001

Khalid Ziaddin Khan………………………….………………..Petitioner.

VERSUS
Umer Haleem & others……………………….……………...Respondents.

AFFIDAVIT

I, Khalid Ziaddin Keen son of Muhammad Siddiq Keen Muslim adult,

resident of 51/11,Khayaban-e-Hilal, Phase VI Defence Housing
Authority Karachi, do hereby state on oath as under:-

1. That I am petitioner in the above matter, as such am fully conversant

with the facts there of.

2. That the accompanying application under Order XXX1X Rule 1 & 2 read
with section 151, Code Of Civil Procedure for exemption has been
drafted and filed by my counsel under my specific instructions,
contents there in are true and correct to the best of my knowledge,
information and belief.
 Page #
3. That I have good prima facie case ,balance of conveyance lies in my
favor and there is likelihood that I shall succeed in this constitution
petition.

4. That for the sake of brevity and in order to avoid duplication, I adopt the
contents of accompany application as well as main petition as an
integral part and parcel of this affidavit and do not repeat the same.

5. That I shall be seriously prejudiced and shall suffer an irreparable loss,

until accompanying application is allowed.

6. That whatever stated above is true and correct to the best of my

knowledge and belief.

Karachi DEPONENT.
Dated: 10-10-2001

Identified by me .

Advocate.

Stated on Oath before me by the deponent above named at Karachi,

on this the 10th day of October, 2001 , the deponent was identified to
me by Mr. Ashraf Ali Butt, Advocate, who is personally known to me.

Commissioner for taking affidavit.