| Case ID |
37df61b3-615c-4340-973e-6183b044b06c |
| Body |
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| Case Number |
Civil Appeal No. 42 of 1961 |
| Decision Date |
Nov 29, 1961 |
| Hearing Date |
|
| Decision |
The appeal by special leave was allowed, and the court found that the Karachi Allocation Rules, 1953, were not statutory rules but internal regulations for the guidance of the Estate Office. It was held that Syed Tahir Hussain was an unauthorized occupant of the Government premises and that the Estate Officer had the authority to terminate his occupation. The court noted that the relationship between the respondent and his wife was irrelevant to the issue of occupancy. The final order directed that the writ issued by the High Court be withdrawn, affirming the decision that the respondent must vacate the premises. |
| Summary |
In the case of Civil Appeal No. 42 of 1961, the Supreme Court of Pakistan addressed the issue of occupancy of Government-owned premises under the Karachi Allocation Rules, 1953. The appellant, the Estate Officer, contended that the respondent, Syed Tahir Hussain, was an unauthorized occupant of the premises, having failed to notify the Estate Office of his wife's construction of a house. The court examined the nature of the Karachi Allocation Rules, determining that they serve as internal regulations rather than statutory provisions. The court emphasized that the respondent's failure to disclose relevant information regarding his marital status and property ownership constituted grounds for eviction. The decision highlighted the importance of adhering to the rules governing the allocation of Government accommodations, and ultimately, the court ruled in favor of the appellant, allowing the appeal and ordering the respondent to vacate the premises. This case underscores the legal implications of occupancy rights and the responsibilities of Government servants under administrative regulations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Pakistan,
Estate Office
|
| Judges |
A. R. CORNELIUS, C.J.,
S. A. RAHMAN,
FAZLE-AKBAR,
B. Z. KAIKAUS,
HAMOODUR RAHMAN, JJ
|
| Lawyers |
Tufail Ali A. Rahman,
A. K. M. Idris,
S. M. Hanif
|
| Petitioners |
Not available
|
| Respondents |
Syed TAHIR HUSSAIN
|
| Citations |
1962 SLD 455,
1962 PLD 75
|
| Other Citations |
Corporation of Calcutta v. Province of Bengal L R 71 I A 31
|
| Laws Involved |
Karachi Allocation Rules, 1953
|
| Sections |
Rule 21
|