Case Details

Citation(s)
1982 SLG 702 1982 SLD 702 1982 PLD 112
Supreme Court of Pakistan

KARAM ELAHEE CHAUHAN AND NASIM HASAN SHAH, JJ

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SANAULLAH CHEEMA

VS

Syed HAIDER SHAH AND OTHERS

Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- S. 13-Ejectment-Extension of time-High' Court postponing eviction of petitioner till a specified date in view of coming Eid-ul-Azha on petitioner's undertaking to voluntarily deliver possession of house to respondent-landlord before such date-Petitioner after having undertaken to surrender possession unconditionally, held, really waived all rights to take exception to his eviction and consequently petition for leave to appeal to Supreme Court not maintainable-Constitution of Pakistan (1973), Art. 185(3). S. A. Saeed, Advocate Supreme Court and Syed Wajid Hussain, Advocate ­on-Record for Petitioner. Nemo for Respondents. Date of hearing : 26th October, 1981. ORDER KARAM ELAHEE CHAUHAN, J.-The petitioner has been ordered to be evicted from the property in dispute which is described more fully in the petition. He filed a Constitutional petition being Writ Petition 4628 of 1981, but without any success as the same was dismissed by the High Court on 29th September, 1981. The petitioner has come up in a petition for special leave to appeal against the same to this Court. 2. We have heard the learned counsel. However, we drew attention of the learned counsel to para. 5 of the High Court judgment which reads as follows :- "Learned counsel for the petitioner lastly submitted that in case the sub­missions made by him do not find favour with this Court, the petition in view of the coming Eid-ul-Azha be granted one month's time o his undertaking to voluntarily deliver possession of the house to the respondent landlord. He submitted that if this request is not granted the family…
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