1. ' This is an appeal directed against the order dated 26-1-1989 passed by the District Judge, Karachi East refusing to grant permission to sell plot in question. The facts leading to the filing of the above appeal are that the appellant's father was allottee of a plot of land bearing No,188-L in Block 2, P.E.
2. C.H.S. Ltd, Karachi. The appellant's late father had built a boundary wall and shed on the aforesaid plot of land with an iron gate for entry. The said plot was let out to one Ghulam Sarwar Malik on the monthly rental of Rs,150. The Letters of Administration were granted in favour of the appellant vide order dated 4-5-1973. The appellant sought permission to sell the property on the ground that the same is not fetching any return, therefore the appellant is constrained to sell the same. The application was dismissed by order dated 26-1-1989.
3. ' I have heard Mr. Khalid Latif, Advocate and have perused the impugned order.
4. ' The learned District Judge refused to grant permission as the plot was fetching paltry amount. In the instant case the property was let out to Ghulan Sarwar ' Malik on a monthly rental of Rs,150. The appellant after obtaining Letters of Administration filed eviction proceedings against the said tenant which was allowed. The tenant went in appeal against the eviction order which was also dismissed. It is not in dispute that the writ of possession was executed and the possession of the plot was obtained in pursuance of writ of possession. The appellant's case as set out, in the application was that the appellant has not derived any income from the aforesaid plot of land. The other beneficiaries have also no objection for the sale of the plot in question.
5. ' I think that in the facts and circumstances of the case, the appellant has A made out a prima facie case for the grant of permission as the plot is not fetching any income. It seems that there is no impediment in fetching proper price. In the circumstances of the case, the ground for seeking permission is justified and there is no hitch in granting the same.
6. ' I would accordingly allow the appeal, set aside the impugned order of the learned District Judge and grant necessary permission to the appellant to sell the property.