This is an application under section 561-A, Cr. P. C. For quashment of proceedings started by S. D. M.
In respect of quarter No. 21/305-37-C, Landhi Colony, Karachi.
2. 1t is the case of one Shafiqullah Khan brother of Samiullah Khan that he was in lawful possession of the above quarter but during his absence on 8 October 1977, the respondents, that is, the two petitioners and his own brother Samiullah Khan trespassed into the said property and forcibly dispossessed him. On his application the learned S.D.M issued notice under section 145, Cr. P. C. And sealed the premises.
3. It has been pointed out by Mr. Qamar Mohammad Khan on behalf of Mushtak Ahmed and his father Jamaluddin the petitioners, that they had remained in possession of these premises for the last about 8 years and the premises which were originally allotted in the name of Samiullah Khan had been transferred by Samiullah Khan to them ; that the S.D.M. Had issued summonses in respect of this enquiry for atten--dance on 8th October 1977 and the summonses had been issued on 5th October, 1977. In the summonses the petitioners, that is, Jamaluddin and Mushtak had been shown to be residents of 37-C House No. 305, Landhi Colony, Karachi. Certain documents produced by them were taken in possession of the S.D.M. And a receipt was issued to them dated 10th October 1977. But the application under section 145, Cr. P. C. Was filed on 15th October 1977, and in this application it was stated that the petitioners had trespassed into the premises on 10 October, 1977 and forcibly dispossessed the applicants. Mr. Qamar Mohammad Khan has, therefore, argued that on the S.D.M.'s own showing in the summonses they were residents of these premises on 5th October 1977. How then could it be said that they had forcibly trespassed into the property and dispossessed the applicant on 8th October 1977. Mr. Qamar Mohammad Khan has producedth th Pakistan Passport issued to Mushtak Ahmed on 26th March 1974. On this passport also the address of Mushtak Ahmed is mentioned as 37/C, Street 20, Quarter 305, Landhi Colony, Karachi. This is also the address on the revolver licence of Mushtak Ahmed issued an 31st March 1975. Thus according to Mr. Qamar Mohammad Khan the petitioners had all along been in possession of the disputed premises which had been transferred to them by Samiullah the original allottee of K.D.A. And brother of Shafiqullah. That Shafiqullah had conse--quently filed a false application regarding forcible dispossession on 15th October and got the premises sealed.
4. Mr. Gulab M. Rang Advocate for respondent No. 1 has at this stage pointed out that the petitioners were inducted into these premises on caretaker basis upto 1976 and thereafter Shafiqullah obtained the transfer of premises from Samiullah and occupied them. However, this fact is not mentioned in the 145, Cr. P.C. Application filed by Shafiqullah. Nor does it explain how the petitioners were summoned on 5th on the, address of the disputed premises, if the petitioners were known to be in possession of these premises then the question of ascertaining as to which; party was in possession on the date of the alleged forcible dispossession; would not arise. Mr. Gulab has not been able to explain why the petitioners were summoned prior to the filing of regular 145, Cr. P. C.
Proceedings by the S. D. M. It has also not been shown why the original allottee of the K. D. A.
Namely, Samiullah has been joined as a co-respondent by his own brother in 145, Cr. P. C.
Proceedings. It would) appear that there is some sort of disagreement or dispute between the two' brothers in which petitioners Mushtak Ahmad and Jamaluddin are also involved. The facts stated in the application under section 145 regarding forcible dispossession appear to be fabricated. The proceedings under section 145, Cr. P. C. Are accordingly hereby quashed. In case there is any apprehension of breach of the pace amongst the parties any of them can initiate proceedings under section 107, Cr. P. C. On the other hand any dispute as to title could be left for decision by a Civil Court or, competent jurisdiction.