Law:

Section:

Constitution of Pakistan (1973)---Arts. 185 (2) & 199-.Writ jurisdiction--Special leave to appeal to Supreme Court-Conduct, relevance of -Petitioner found to have been blowing hot and cold in same breath and making different contradictory positions as and when it so suited him-Petitioner, in view of his conduct, held, not entitled to any relief by High Court in exercise of its constitutional jurisdiction nor entitled to grants of leave to appeal by Supreme Court. ORDER ASLAM RIAZ HUSSAIN, J.--This petition is directed against the judgment of the High Court dated 13-4-1981, dismissing petitioner's writ petition in a rent matter. 2. The facts of the case, shorne of unnecessary detail are briefly as follows;--- Plots of land, numbering 69, 75, 81, 82 acid 90, situated in Jhelum, were purchased in auction by one Muhammad Tufail, but on 28.5-1969, the Deputy Settlement Commissioner, declared Plots Nos. 69 and 75 as evacuee in their entirety. The house in question is built on portion of these plots and was occupied by the petitioner. Muhammad Tufail flied a writ petition against the said order of the Deputy Custodian and declared Muhammad Tufail, as owner of the said plots. One Nazir Ahmad, who had been allotted these plots by the Settlement and Rehabilitation Department as evacuee property, filed a Civil Petition for leave to Appeal in this Court, which still pending, on 5-5-1971, the aforementioned Nazir Ahmadi filed an ejectment application for eviction of Muhammad Hussain from the house built on the said plots. During those proceedings Muhammad Hussain, petitioner, took up the position that relationship of landlord and tenant did not exist between Nazir Ahmad and himself, because he was, in fact, tenant of Muhammad Tufail (respondent herein). The learned Rent Controller, ordered Muhammad Hussain's eviction but stayed the operation of his order till the decision of Nazir Ahmad's Petition for Leave to Appeal in the Supreme Court. Muhammad Hussain, petitioner, filed an appeal against this order before the District Judge, which was dismissed on 1.5-3-1975. He then filed an S. A. O. which too, was dismissed, thereafter,…

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