| Citation(s) |
|---|
| 1986 SLG 1013 1986 SLD 1013 1986 SCMR 1864 |
Supreme Court of Pakistan
Civil Miscellaneous Petition No. 236-K of 1985 in Civil Appeal No. 217-K of 1984, decided on 24th August, 1986.
MUHAMMAD AFZAL ZULLAH, S. A. NUSRAT AND ALI HUSSAIN QAZILBASH, JJ
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Civil Miscellaneous Petition No. 236-K of 1985 in Civil Appeal No. 217-K of 1984, decided on 24th August, 1986.
MUHAMMAD AFZAL ZULLAH, S. A. NUSRAT AND ALI HUSSAIN QAZILBASH, JJ
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ZOYAB-
VS
Hakeem MUHAMMAD FAZAL HAQUE
Law:
Section:
(a) Constitution of Pakistan (1973)-------Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.15-Respondent landlord contending that appellant-tenant whose petition for leave to appeal had been admitted by Supreme Court was no more interested in rented shop in dispute and that someone else was interested in shop and filed petition for leave to appeal by forging signatures of appellant-tenant--Respondent in circumstances praying for summary dismissal of appeal--Controversy raised relating to one of fact-Advocate-on-Record for appellant-tenant asserting that power of attorney filed by him with petition for leave to appeal was in fact signed by appellant--He owned appellant as his client and refuted allegation of forgery--Appellant also owned his signatures on power of attorney and owned and rectified actions of his Attorney-on-Record--Held, assertion made by appellant coupled- with statement of attorney was enough in circumstances to hold that petition for leave to appeal was filed by Attorney on behalf of appellant himself and not on asking and for benefit of anybody else--Plea urged by respondent for summary dismissal of appeal not accepted in circumstances. (b) Constitution of Pakistan (1973)------Art. 185(3)--Evidence Act (I of 1872), S. 15--Forgery of signatures--Mere fact that spellings of signatures of signatory differed on some documents, held, did not by itself either in law or in fact show that they were not his signatures. Ali Akbar, Advocate-on-Record for Petitioner. A.K.M. Idris, Advocate Supreme Court and Faizanul Haq, Advocate-on-Record for Respondent. Date of hearing: 24th August, 1986. ORDER MUHAMMAD AFZAL ZULLAH, J.--The respondent (landlord) in this appeal has through this application sought summary dismissal of the appeal on the ground that Zoyab appellant was never interested in challenging the High Court decision against him, wherein the order of his eviction from a shop was confirmed. The precise plea raised in the application is that the appellant (tenant) did not sign the power of attorney purported to have been executed in favour of Mr. Ali Akbar, Advocate-on-Record who drafted and filed the petition for leave to appeal which…
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