Case Details

Citation(s)
1982 SLG 265 1982 SLD 265 1982 SCMR 335
Supreme Court of Pakistan
Civil Miscellaneous Petition No. 85-R of 1981 in Civil Appeal No. 55 of 1978, decision dated: 24-10-1981.(Petition under Article 204 of the Constitution of the Islamic Republic of Pakistan read with Contempt of Courts Act, 1975)
ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH, AND ABDUL KADIR SHAIKH, JJ
Muhammad Ismail Bhatti, Advocate Supreme Court for Petitioner. Mian Attaur Rehman, Advocate Supreme Court for the State.

Mst. MUSSARRAT BASHIRUL HASSAN

VS

MUHAMMAD SALIM AND 2 OTHERS

Law:

Section:

Constitution of Pakistan (1973)---Art. 204-Contempt of superior Courts-Tenants not vacating premises within time allowed to vacate-Respondents tenants, however, vacating premises and handing over possession to petitioner landlady­ Further proceedings held, not necessary in circumstances of case and contempt application disposed of.-[Contempt of Court]. ORDER ASLAM RIAZ HUSSAIN, J.-Mst. Mussarrat Bashirul Hassan has filed the present application for contempt of Court against the three respondents. 2. The facts leading to this application are briefly, that Mst. Mussarrat Bashirul Hassan filed an ejectment application under Rent Restriction Ordinance against the three respondents who were tenants of the ground floor in her House No. 30-Q Gulberg-II, Lahore. The Rent Controller ordered the eviction of the respondents. Aggrieved 'by his order they. filed an appeal before the learned Additional District Judge, who dismissed the same. They then filed an S. A. O. in the High Court, which met the same fate and the High Court upheld the findings of the Courts below. The respondents then filed a petition for leave to appeal and leave was granted. The appeal was, however, dismissed on 1-4-1981. The respondents (appellants in the appeal) had requested for four months time (i.e. up to 31-7-1981) to vacate the portion in their possession and undertook to hand over the vacant possession of the said premises to the petitioner at the end of that period. The petitioner filed this application on 20-9-1981 complaining that the respondents had not vacated the premises in question notwithstanding the undertaking given by them before this Court on 1-4-1981. Notice was issued to the respondents to appear in this Court on 20-10-1981. The respondents failed to appear on that date and the Court was informed that they could not be traced with the result that notice could not be served on them. The Court, therefore, issued non-bailable warrants against them for the 24th. On this, the respondents appeared in Court on the very next day and filed an application for grant of bail. The matter was fixed for the 22nd of October, 1981. The respondents submitted in Court that they had already…
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