' The applicant had taken on rent a premises bearing No, G-14/A, Pak. Colony, Karachi, from one Mst. Noor Bibi at a monthly rent of Rs, 200 to run a Motor Repair Garage in it. He is carrying on the said business in the premises in question ever since he took it on rent. According to him the landlady wanted to eject him from the premises as the rental value of the same had considerably increased. ,She persuaded her son, the respondent No, 2, to file an application under section 145, Cr.
P. C. Against him so that the possession of the premises could be obtained. Earlier Mst. Noor Bibi had herself filed an application under section 145, Cr. P. C. But the same was dismissed by the learned Assistant Commissioner and S. D. M., Nazimabad, Karachi.
2. It is also urged by the applicant that the landlady has already filed a case for his ejectment being Rent Case No, 349 of 1974 which is pending before the learned Civil Judge IV, Karachi. The applicant had also filed a civil suit and obtained an interim injunction from the Civil Court against the demolition of the construction raised by him within the premises in question as this construction was threatened to be demolished by the Karachi Municipal Corporation at the instance of the landlady.
3. The applicant has contended that the proceedings under section 145, Cr. P. C. Pending against him are incompetent as according to the evidence there is no imminent danger of breach of peace and no case was, in fact, made out for taking of cognizance by the A. C. And S. D. M.
Nazimabad, Karachi. On these grounds he has challenged the Order of the A. C. And S. D. M.
Nazimabad, dated 18th February, 1974, whereby he ordered the applicant to appear before him.
4. I have gone through the record of case and I find that the only dispute between the parties is with regard to the possession of the premises in question. Mst. Noor Bibi is interested to somehow eject the applicant from the premises for which she has initiated ejectment proceedings in the civil Court. She had also initiated same proceedings before the Karachi Municipal Corporation as a result of which the Karachi Municipal Corporation attempted to demolish the construction raised by the applicant within the premises in dispute. The only allegation levelled against the applicant in connection with danger of breach of peace is that he allows the persons of bad repute to sit in his Garage and sometime abuses the complainant but it is admitted that he has been doing this for the last years. It seems that since the relations between the parties are not cordial, therefore the parties might have abused each other on some occasion. But on no occasion any report was lodged with the police. Even if it is assumed for the sake of argument that the applicant had been abusing the respondent No, 2 during 3-1/2 years past and the same was tolerated by the respondent No, 2, so far it cannot be said that all of a sudden some such thing has emerged which could give rise to a danger of the breach of peace. Unless the circumstances suggest that there was imminent danger of the breach of peace the proceedings under section 145, Cr. P. C. Cannot be competently initiated. In this case it is admitted feature that both the parties are litigating with each other for the last several years and their relations have not remained cordial. But at the same time it did not give rise to any serious dispute, much less to an imminent danger of breach of peace.
5. The learned counsel for the respondent No, 2 has been sublet for welding work and the cars are parked in front of the gate leading to the respondent No, 2's house. The respondent No, 2 is estopped from making any grievance about the nature of the work being carried out in the Garage because from the very beginning the premises was let out to the applicant for the purpose of running a Garage. It is also not the case of the respondent No, 2 that the cars are so parked in front of his door that he cannot have access to his house. This grievance is equally baseless.
6. For the foregoing reasons I find that there is no substance in the application filed by the respondent No, 2 under section 145, Cr. P. C. And the learned Magistrate has erroneously taken cognizance of the case. I therefore, quash the proceedings pending under section 145, Cr. P. C.
Against the applicant in exercise of my powers under section 561-A, Cr. P. C.