| Citation(s) |
|---|
| 1985 SLG 645 1985 SLD 645 1985 SCMR 962 |
Supreme Court of Pakistan
Civil Petition No.879 of 1984, decision dated: 9-10-1984.(On appeal from the Judgment and Order of the Lahore High Court, Lahore, dated 6-6-1981 in Writ Petition No.2508 of 1984)
ABDUL KADIR SHAIKH AND SHAFIUR RAHMAN, JJ
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Civil Petition No.879 of 1984, decision dated: 9-10-1984.(On appeal from the Judgment and Order of the Lahore High Court, Lahore, dated 6-6-1981 in Writ Petition No.2508 of 1984)
ABDUL KADIR SHAIKH AND SHAFIUR RAHMAN, JJ
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EHZAR ALI ARHTI
VS
MUHAMMAD YAQOOB KHAN and others
Law:
Section:
Constitution of Pakistan' (1973)--Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13(3)(a)(ii)--Ejectment--Tenant disputing landlord's title/ existence of relationship of landlord and tenant--Documents produced before Rent Controller sufficient to justify recording of finding of fact-Ejectment upheld in appeal--No error in appraisement of evidence to justify interference by High Court in Constitutional jurisdiction--Supreme Court refused leave to appeal--Tenant at liberty to agitate question of title in Civil Court. ORDER SHAFIUR RAHMAN, J.-- The petitioner, a tenant, under orders of ejectment from a shop seeks leave to appeal against the judgment of the Lahore High Court, dated 6-6-1984 whereby his Constitutional petition challenging the eviction order passed by the Rent Controller and affirmed by the District Judge, was dismissed. The respondent held a P.T.O. for Plot No.10, situated at Khokha Bazar, Kallur Kot, District Mianwali, which had been subsequently permanently transferred to him, sought eviction of the petitioner claiming him to be his tenant. The petitioner contested the claim of the respondent to be his landlord, for his liability to pay the rent and denied the existence of relationship of landlord and tenant. The Rent Controller decided against the petitioner. The decision was upheld in appeal. The petitioner was unsuccessful on invoking the constitutional jurisdiction of the High Court. The learned counsel for the petitioner conceded that the controversy, which he brought to the High Court in constitutional jurisdiction, was one of fact, namely, the identity of the property and the existence of the relationship of the landlord and the tenant between the parties. The Controller had the jurisdiction to examine both these questions. The contention is that…
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