Increase font size Decrease font size Reset font size

Ejectment order for Islamia College building stayed till 4th

By Ishaq Tanoli 2017-11-30
KARACHI: A sessions court on Wednesday suspended till Dec 4 the order of a rent controller regarding ejectment of the Islamia College building complex.

The Sindh education and literacy department and the management of the colleges challenged the order of a senior civil judge/ rent controller on a rent suitfor ejection of the Islamia College building complex, which houses Islamia Arts, Science, Commerce and Law Colleges and as many schools.

The rent controller`s ruling/decree came on the rent suit filed by the Islamic Education Trust, which owns all buildings and land comprising the Islamia College campus, for recovery of rent and seeking an ejectment order of the premises.

The appellants Kled their plea before an additional district and sessions court (East), where their counsel submitted that the rent controller passed the order for ejection of the appellants from the premises concerned.

He submitted that nine educational institutions were being run in the same building and the future of thousands of students was at stake.

He pleaded for a restraining order to bar the rent controller from issuing the writ of possession and to maintain status quo.

The lawyer further submitted that the first rent appeal (FRA) was filed on the dicta laid down by the Supreme Courtthrough a judgement reported in PLD 1969.

Additional District and Session Judge Kamran Atta Soomro said that as per the rent controller`s order the appellants were not a party in the rent case filed in 2004 and the rent execution.

The judge asked the counsel for appellants to satisfy the court on the point of maintainability of his clients` appeal.

The lawyer relied upon the apex court judgement and argued that any stranger could ble an appeal regardless of being a party or not in the original suit or proceedings.

The judge ruled that since the point raised by the counsel required consideration, the FRA was admitted subject to any legal objection and to the satisfaction of the court on the maintainability of the appeal.

While issuing notices to the respondents, the court suspended the rent controller`s order till Dec 4 when it would hear arguments on the maintainability of the appeal.

The Islamia College is among Pakistan`s oldest educational institutions which were nationalised under the martial law regulations in 1972 and since then the Sindh education department has been managing its affairs.

The ground-plus-three storey Islamia College building complex is situated in Jamshed Quarters and before nationalisation the colleges and schools that exist within the complex were running under the administration of the Islamic Education Trust.