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2002 MLD 320

NARAIN vs JAWAID KHAN and 4 others

Citation2002 MLD 320
CourtSindh High Court
Case No.Criminal Miscellaneous No,367 of 2001
Date2001-07-23
Judge(s)Muhammad Roshan Essani
ResultApplication dismissed

ORDER

1. ' By this application the applicant has sought following relief:--

(a) Rule Nisi may kindly be issued and the concerned Senior Superintendent of Police may be authorized to arrange a surprised raid at Deh Sasee, near Ghulam Shah Mori, Taluka Tando Bago, District Badin, for the search, recovery and production of the above named detainees in this Honourable Court, as the lives, honour prestige and property of the detainees are in imminent danger and they might be murdered or kidnapped/shifted to any other place at any time and after recording their statements they may be set at liberty wherever they like to go.

(b) Any other relief which this Honourable Court deems fit and proper may be granted in favour of applicant/petitioner/detainees.

2. ' The brief facts of the case as disclosed by the applicant in the application are that the applicant and the alleged detainees are inter se related. They were purchased by the respondent No,1 from Zamindar Muhammad Khan. Talpur about 6 years back against monetary consideration of Rs,1,00,000. At the time of their purchase, the applicant and alleged detainees were assured by the respondent No,1 that on the realization of the outstanding amount of Rs,1,00,000 they will be released. After the realization of the amount stated hereinabove the respondent No,1 induced the applicant to continue to cultivate his land. He assured them of providing harp share on Batai so also the basic facilities i,e, food, medicines, clothes etc. And other necessary expenses up to the harvesting of crop. The applicant agreed to this proposal and cultivated wheat, sugarcane, cotton, chillies, onion and other cash crops on the land of respondent No,1 but he failed to pay the due share of the petitioner. The respondents 1 to 3 are very greedy, cruel, wicked and dangerous type of persons they carry great influence in the area.

3. ' It is further stated that the respondent No,1 failed to give them loan. He did not provide them any facility as promised by him. The applicant and the alleged detainees are living in a miserable position. The applicant approached the Deputy Commissioner and Senior Superintendent of Police but they paid no heed to his request. The respondents 1 to 3 are maltreating the alleged detainees.

4. ' I have heard learned counsel appearing on behalf of the applicant and learned Assistant A.-G.

5. Appearing on behalf of the State. Learned Asstt. A.-G. Has opposed the prayer of the applicant.

6. The plain reading of the averments made in the application reveal that there is dispute between the tenant and landlord for which exclusive jurisdiction lies with the Tenancy Tribunal created under the Tenancy Act, 1950. The applicant may exhaust remedy before the proper forum provided under the law.

7. ' Consequently the application is not maintainable in law and stands dismissed.

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