Case Details

Citation(s)
1984 SLG 609 1984 SLD 609 1984 SCMR 689
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 85-R of 1984, decision dated: 8-05-1984 (On appeal from the Order of Lahore High Court, dated 12-02-1984 in C. R. No. 232-D of 1984)
MUHAMMAD AFZAL ZULLAH AND M. S. H. QURAISHI, JJ

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BASHIR AHMADer

VS

. ABDUL HAMEED AND ANOTHER

Law:

Section:

Constitution of Pakistan (1973)----Art. 185(3)--Limitation Act (IX of 1908), Art. 144-Adverse pos­session - Record showing that it was third time that petitioner was seeking from Supreme Court a finding that he had become an owner of property by adverse possession-Petitioner in first round was found to be a tenant, in second round to be a tenant having repudiated his position as tenant and also failing to pay rent and rightly ordered to be ejected-Petitioner in present petition seeking to agitate same question but in an absolutely unwarranted manner by challenging s of High Court and Supreme Court in suit filed before a civil Court-Civil Court rejected plaint under O. VII, r. 11, C. P. C.-Petitioner contend­ing before Supreme Court that he wanted to press suit on ground that he had become owner of property by virtue of his so-called adverse possession against predecessors-in-interest of landlord--Such issue finally closed by decision of Supreme Court on first round Question of relationship of landlord and tenant between petitioner and landlord also finally decided by Supreme Court in second round­ Held, case was a classic case of misuse of procedures made available by law of land for genuinely aggrieved persons to seek remedies-Reopening of matters in this way were barred by law-While disapproving such approach to law and dismissing petition, Supreme Court issued notice for contempt of Supreme Court to lawyers who drafted petitioner's pleadings up to Supreme Court in last round of litigation.-[Contempt of Court . Kokab Iqbal, Advocate-on-Record (absent) for Petitioner. Nemo for Respondents. Date of hearing: 8tb May, 1984. ORDER MUHAMMAD AFZAL ZULLAH, J.-This petition is directed against Order dated 12-2-1984 of the Lahore High Court; whereby a Civil Revision arising out of a suit filed by the petitioner (tenant) to set at naught a final judgment of the Supreme Court confirming the orders of his eviction, was dismissed in limine. The brief facts relevant for disposal of this petition as noted in the High Court Order are that "the petitioner, who is a tenant of a shop had been ordered to be ejected there from by the Rent Controller, as per his order dated 6th…
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