Case Details

Citation(s)
1983 SLG 202 1983 SLD 202 1983 SCMR 999
Supreme Court of Pakistan
Civil Petition No. 905 of 1981, decision dated: 30-01-1983.hearing DATE : 30-01-1980.(From the judgment and decree dated 6 4 1981 of the Lahore High Court passed in Review Application No. 19/C/1980 filed in S: A. O. No. 637of 1978)
NASIM HASAN SHAH AND M. S. H. QURAISHI, JJ
Sh. Manzur Ahmad, Advocate Supreme Court instructed by Muhammad Aslam Chaudhry, Advocate on-Record for Petitioner. Ch. Bashir Ahmad Shahzad, Advocate Supreme Court instructed by Tanvir Ahmad, Advocate on-Record for
Respondent No. 1

MUHAMMAD YOUSAF

VS

MUHAMMAD HASSAN And OTHERS

Law:

Section:

Constitution of Pakistan (1973)--Art. 185(3) read with West Pakistan Urban Rent Restriction Ordi¬nance (VI of 1959), S. 13 Landlord and tenant, relationship of ¬Question already decided concurrently by Controller and first appellate authority against tenant Suit challenging transaction of sale of dis¬puted property pending a! appellate stage Finding of High Court against petitioner tenant Held, cannot be interfered with in circum-stances of case. ORDER M. S. H. QURAISHI, J. The point raised in this petition for leave to appeal is that the Rent Controller, on the question of title of respondent Muhammad Hassan, should not have acted on a photostat of the sale deed. The said respondent had asserted that he had purchased the disputed property from its previous owner Mst. Bashiran Bibi by a registered sale deed dated 12 9 1974, in proof of which he had produced a photostat of the same. The transaction had been denied not only by the petitioner who was a tenant but also by Mst. Bashiran Bibi (since deceased and represented by respondents 2 to 8) the previous owner who had got herself impleaded in the proceeding. No objection having been taken either before the Controller or the first appellate Court to the production of the copy, both the Tribunals had accepted…
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