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2009 YLR 995

SAIRNA SYED vs CITY DISTRICT GOVERNMENT, KARACHI and 4 others

Citation2009 YLR 995
CourtSindh High Court
Case No.Constitutional Petition No,D-1964 of 2007
Date2008-01-18
Judge(s)Munib Ahmed Khan, Syed Pir Ali Shah
ResultPetition dismissed

ORDER

1. ' The issue involved in the petition is in respect of vacation of a house. According to the petition her deceased husband was employee of Militiry Accounts and was holding a house of CDGK. He submits that since the employee has died therefore, the legal heirs including the petitioner has filed this petition for resumption of the house in terms of Central Government laws. He submits that the legal heirs can retain the possession for 5 years or superannuation. He has relied upon notification dated 22-6-2006.

2. ' On the other hand Mr. Zafar Ahmed submits that the deceased predecessor was not employed by CDGK and the house was given only to him due to some understanding between CDGK and Central Government and the Central Government law is not applicable to the local body. He submits that for the last one year the house was in possession of the petitioner and six months time was also granted by the City Nazim to the petitioner on humanitarian ground.

3. We have heard both the Counsel and found no force in the arguments of the petitioner to retain the house or his entitlement to retain the house of CDGK while admittedly the deceased is obtaining pension and retirement benefits from Central Government, therefore, this petition is dismissed but with the direction that the vacation action should be taken after three months. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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