ALI MAZHAR Versus K.D.A.

1. AJMAL MIAN, J .--The petitioner has impugned the notice issued by respondent No.1 for ejectment. It is the case of the petitioner that he is the owner of land in survey numbers 713 and 595 Deh Thano Malir, Karachi.

2. Mirza Yaqoob Baig learned counsel for respondent No.1 states that factually respondent No.1 has issued notice in respect of Survey Number 522 and not in respect of Survey Number 713, whereas Mr. S.M. Abbas learned counsel for respondent No.2 states that respondent No.2 Society has filed a suit for cancellation of the sale-deed in favour of the petitioner in respect of Survey Number 713.

2. In our view, the present petition involves disputed questions of fact. It will suffice to observe that respondent No. 1 shall get the plot m dispute surveyed by the Mukhtiarkar of the Deh concerned and if it is found that the petitioner is in possession of Survey No.522 or a portion there of the respondent No.1 shall be entitled to act upon the notice in accordance with law, but in case it is found that the petitioner is not in possession of Survey No. 522 or any portion thereof, the notice shall be withdrawn.

3. The petition stands disposed of. However, there will be no order as to costs.

4. M.Y.H./A-620/K

5. Order accordingly.