| Citation(s) |
|---|
| 1985 SLG 884 1985 SLD 884 1985 SCMR 1602 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 514 of 1984, decision dated: 7-01-1985
ABDUL KADIR SHAIKH AND M.S.H. QURAISHI, JJ
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Civil Petition for Special Leave to Appeal No. 514 of 1984, decision dated: 7-01-1985
ABDUL KADIR SHAIKH AND M.S.H. QURAISHI, JJ
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Syed TAUSIF AHMED ZAIDI
VS
. Mst. NAHEEDA NIGHAT---Respondent
Law:
Section:
Constitution of Pakistan (1973)-----Art. 195(3)--Sind Rented Premises Ordinance (XVII of 1979), S.21 --Landlord and tenant--Document executed by landlady in favour of tenant on basis of which tenant was granted Ration Card on basis of being tenant of such landlady in respect of premises--Findings of First Appellate Court as well as High Court that in absence of any evidence produced by tenant in rebuttal, landlady had successfully established relationship of landlord and tenant--Concurrent findings of such Courts considered justified by Supreme Court and leave to appeal refused. Faizanul Haq, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 7th January, 1985. JUDGMENT ABDUL KADIR SHAIKH, J.--Facts of this case briefly stated are that the Rent Controller, Karachi dismissed respondent's application for petitioner's eviction from the demised premises on the ground that respondent had failed to prove that there existed relationship of landlady and tenant between the parties. On respondent's appeal., Additional District Judge, Karachi reversed the finding of the Rent Controller, holding that it was cogently proved from the oral and documentary evidence recorded in the case that respondent was owner of the premises in question and petitioner's occupation thereof was that of her tenant. Petitioner challenged the judgment of the First Appellate Court in a second appeal before Sind High Court, but it was dismissed as the learned Judge in the High Court who dealt with the case, on independent reappraisal of the evidence upheld the finding of the Additional District Judge. It is in these circumstances that…
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