| Citation(s) |
|---|
| 1981 SLG 1406 1981 SLD 1406 1981 SCMR 1226 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. K-187 of 1981, decision dated: 5-09-1981. (On appeal from the judgment and order of the High Court of Sind,Karachi, dated the 31st May, 1981, in Civil Revision Appeal No. 135 of1981)
MUHAMMAD HALEEM, ACTG. C.J., ABDUL KADIR SHAIKH AND ZAFFAR HUSSAIN MIRZA, JJ
S. Shehnshah Hussain, Advocate Supreme Court instructed by A. Aziz Khan, Advocate-on-Record for Petitioners. Nemo for
Respondents.
Civil Petition for Special Leave to Appeal No. K-187 of 1981, decision dated: 5-09-1981. (On appeal from the judgment and order of the High Court of Sind,Karachi, dated the 31st May, 1981, in Civil Revision Appeal No. 135 of1981)
MUHAMMAD HALEEM, ACTG. C.J., ABDUL KADIR SHAIKH AND ZAFFAR HUSSAIN MIRZA, JJ
S. Shehnshah Hussain, Advocate Supreme Court instructed by A. Aziz Khan, Advocate-on-Record for Petitioners. Nemo for
Respondents.
Mst. MEMOONA BEGUM AND 7 others
VS
FDA HUSSAIN AND another
Law:
Section:
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S. 13-Eviction-Waiver-.Petitioners themselves consenting in High Court to vacate premises, such act, held, amounted to waiver of legal right to pursue claim and not open to them to urge on merits of case-Constitution of Pakistan (1973) ORDER MUHAMMAD HALEEM, Acrd. C. J.-The dispute in this petition relates to Room No. 9 of Kbambati Bohra Building. Soldier Bazar, Karachi. One Abdul Kadir Patel was a tenant of this building who died on 10-4-1966 leaving him surviving the petitioners and respondent No. 2 as his heirs. It so happened that respondent No. 1 changed the tenancy of the Room in favour of respondent No. 2, and thereafter sued for his ejectment and succeeded as the Rent Controller by his order dated 12th September, 1975, allowed his prayer. The appeal against this order failed as it was dismissed by the Additional District Judge, Karachi, on 5th July, 1976. The petitioners thereafter learnt about the order of ejectment having been passed against respondent No. 2 and also of the pending execution proceedings. They filed an application under Order I, rule 10, C. P. C., before the Civil Judge and Rent Controller which was di3missed, and an appeal against this order also failed. They filed an application under Order XXI, rule 99, C. P. C., which was rejected. This…
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