| Citation(s) |
|---|
| 2012 SLG 1472 2012 SLD 1472 2012 SCMR 633 |
Supreme Court of Pakistan
Civil Petition No.1815-L of 2011, decision dated: 20-02-2012(Against the judgment dated 10-8-2011 of the Lahore High Court, Lahore, passed in SAO No.108 of 2009)
TASSADUQ HUSSAIN, JILLANI AND MIAN SAQIB NISAR, JJ
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Civil Petition No.1815-L of 2011, decision dated: 20-02-2012(Against the judgment dated 10-8-2011 of the Lahore High Court, Lahore, passed in SAO No.108 of 2009)
TASSADUQ HUSSAIN, JILLANI AND MIAN SAQIB NISAR, JJ
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Haji ALLAH RAKHA
VS
ABDUL SATTAR
Law:
Section:
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)------S. 13---Constitution of Pakistan, Art. 185(3)---Tenant becoming co-sharer by purchasing half of the suit property---Leave to appeal was granted by Supreme Court, to consider the question whether having purchased half of the suit property, was not the tenant (petitioner) entitled to retain possession of the joint property till its partition, and whether he could be ejected in such circumstances. Mst. Sanobar Sultan and others v. Obaidullah Khan PLD 2009 SC 71 and Abdul Zahir v. Jaffar Khan 2010 SCMR 189 ref. Ahmed Awais Khurram, Advocate Supreme Court for Petitioner. Respondent not represented. Date of hearing: 20th February, 2012. ORDER TASSADUQ HUSSAIN JILLANI, J.---Petitioner-defendant initially was a tenant in the ejectment petition filed by the respondent-landlord, however, during the pendency of the appeal he purchased half of the suit property and thereby became a co-sharer. The grievance being made is that despite the afore-referred development and the law laid down by this Court in the judgments reported as MST. SANOBAR…
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