Law:

Section:

Constitution of Pakistan (1972), Art. 201-Landlord and tenant-Tenant, unless and until ejected in due process of law, has right to remain on premises and no one can dispossess him--­Anyone sealing premises and handing over possession to third party, acts without lawful authority-High Court, held, rightly exercised its writ jurisdiction to declaring action illegal and ordering possession to be delivered to tenant. JUDGMENT SALAHUDDIN AHMED, J.-This petition for leave is from the order of a Division Bench of the Lahore High Court dismissing the petitioner's Letters Patent Appeal in limine. The Letters Patent Appeal was from the order of a learned Single Judge of the Court passed on Constitution Petition No. 501 of 1972 made by respondent No. 1 (M. A. Mullick & Brothers) declaring the action of Ch. Ghulam Mohyuddin, sapurdar taking over posses­sion of the premises in question on the 13th March 1972, and locking it up as without lawful authority, and also declaring as illegal the subsequent action of the sapurdar in delivering posses­sion of the premises to the petitioner-auction-purchaser on the 12th April 1972. The learned Single Judge had also ordered the possession of the premises to be restored to respondent No. 1. It appears that respondent No. 1 is a tenant under respondent No. 3 Ch. Muhammad Afzal in respect of the shop premises. An application for ejectment was filed by the landlord against the tenant but a compromise was made in terms of which a conditional decree for ejectment was passed against the tenant. The decree for ejectment was, however, never executed and the tenant was never ejected, although it is claimed that the tenant had failed to observe the conditions laid down in the compromise decree. The tenant had borrowed a sum of Rs. 1,40,000 from respondent No. 4. Lahore Central Co-operative Bank, which he failed to pay. Accordingly, under Martial Law Order No. 241 the Assistant Registrar of the Co-operative Societies (respondent No. 2) took steps for the realisation of the debt from the tenant, and locked up the shop premises together with the goods of the tenant. The custody of the goods and the premises was put in charge of supurdar. Mr.…

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