' Plaintiffs, the Trustees of the Port of Karachi, had leased out a plinth No. B-11, measuring 2,083 Sq.
Yards. at Thola Produce Yard (abbreviately stated as "T.P.X.") Karachi, to M/s. Narayandas Rajaram and Co. (Private) Ltd., initially for the period from 11-4-1958 to 31-3-1964. The lease tenure was subsequently extended to 31-3-1974. The lessee had put up some constructions thereon in the shape of sheds. After outbreak of the war between Pakistan and India in the year, 1965, the lessees were declared as enemy concern and their interest in the plinth and the constructions thereon was taken over by the Deputy Commissioner, Karachi in the capacity of the Assistant Custodian of Enemy Property. The lease told rights over the plinth and also the constructions thereon were auctioned by the Deputy Commissioner/Assistant Custodian of Enemy Property and they were purchased by M/s. United Cotton and Wool Traders, Karachi, the defendant No.
1. The transferees in auction of the leasehold rights and sheds paid the ground rent for the plinth at the rate which was settled with the original lessees. The plaintiffs accepted the rent for the period of one year ending on 23-12-1977. Thereafter, the plaintiffs asked for the ground rent at enhanced rate contending that the leasehold rights and sheds were auctioned to the defendant No. 1 for the period of one year and they were liable to pay the ground rent at the rate prevailing at different times. The defendant No. 1 did not concede to the contention of the plaintiffs and the dispute between them culminated in litigation. The defendant No. 1 filed Suit No. 99/67 for declaration that they had purchased in auction the sheds and leasehold rights of the original lessees and injunction against recovery of rent from them. The plaintiffs herein, who were one of the defendants, resisted the suit. The suit was dismissed by a single Judge of this Court by Judgment dated 23-9-1970. The plaintiffs called upon the defendant No. 1 to pay the ground rent at the prevailing rate. The defendant declined to concede to the demand made by the plaintiffs and they filed L.P.A. No. 186/70. During the pendency of the L.P.A. the plaintiffs filed this suit on 5-2-1972 for recovery of the ground rent and other charges and Municipal taxes to the tune of Rs. 65,277 as reflected in paragraph 15 of the plaint. The Deputy Commissioner/Assistant Custodian of the Enemy Property, Karachi has been impleaded as the defendant No. 2 The defendants have contested the suit. On pleading of parties, following issues have been settled for determination of the suit:
(1) What is the effect of the Judgment, dated 23-9-1970, passed by this Hon'ble Court in Suit No. 99/of 1967 filed by defendant No. 1?
(2) Whether defendant No. Vs possession over the plinth after the expiry of one year is unauthorised or they have become tenants month to month, if so, what is the effect?
(3) Whether the plaintiffs are entitled to recover charges for the use and occupation or rent of the plinth after the expiry of one year period at the prevalent rent for the reasons stated in para. 14 of the plinth?
(4) Whether the plaintiffs have accepted same payments in respect of the plinth for the period commencing from 14-12-1966 without prejudice to the contentions of the parties. If so, what is its effect?
(5) What amount and/or relief or reliefs the plaintiffs are entitled to against defendant No. 1.
' The plaintiffs have examined only one witness by name Mr. Shafaat Ali Khan, as Assistant in their office (Exh. EX/6). The defendants seem to have lost interest in the suit and they did not adduce evidence. Mr. Iqbal Siddiqui , Advocate for defendant No. 1 appeared on 22-1-1985, when the matter was set down for arguments, and made statement that he did not have instructions and he, therefore, preferred to remain absent. Defendant No. 2 has been represented by a Government Advocate, During the pendency of this suit, the L.P.A. filed by the defendant No. 1 was disposed of in November, 1979, whereby the Suit No. 99/67 filed by them was decreed and it was held that defendants were transferees of the sheds and the leasehold rights of the original lessees. As a consequences thereof, the plaintiffs have filed, through their Advocate, a statement, dated 19-4- 1984 of their reduced claim calculated at Rs. 11,759.
' Almost all the issues in the suit, reproduced above, stand settled by virtue of the judgment in the L.P.A. No. 186/70, already referred to above. A photostat copy of certified copy of the Judgment thereof has been placed on the record. In the light of this Judgment, the plaintiffs have revised their claim to Rs.11,759, the break-up of which is given in the statement, dated 29-4-1984. It consists of charges for use and occupation of the plinth area at settled rate of Rs.2.50 per Sq. Yard per annum for the period from 24-12-1966 to 31-1-1972, amounting to Rs.22,605; Municipal taxes Rs.4,166 lighting charges Rs.429 and S.P.F. charges Rs.12,251, all totalling Rs.25,451. The plaintiffs have acknowledged receipt of payments made by the defendant No. 1 to the extent of Rs.27,692 and have claimed balance of Rs.11,759. No exception has been taken to this statement of account filed by the plaintiffs.
' Accordingly, the plaintiffs' suit is decreed for Rs.11,759 with proportionate costs of the suit as against the defendant No.
1. No relief has been sought against the defendant No. 2 and the suit is dismissed in respect of him with no order as to costs. 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.