| Citation(s) |
|---|
| 1986 SLG 1110 1986 SLD 1110 1986 PLD 327 |
Supreme Court of Pakistan
Civil Revision Petition No. 49-R of 1984 in Civil Appeal No. 213 of 1978, Civil Miscellaneous Petitions Nos. 7-R, 8-R, 10-R and 11-R of 1985 in Civil Appeal No. 213 of 1979, decision dated: 14-01-1985.
MUHAMMAD AFZAL ZULLAH, NASIM HASAN SHAH AND MIAN BURHANUDDIN KHAN, JJ
Dr. Abdul Basit, Advocate Supreme Court and Hamid Aslam Qureshi, Advocate-on-Record (absent). Khalid Iqbal Qazi, Advocate Supreme Court and Rao Muhammad Yousuf, Advocate on-Record. Raja Muhammad Akram, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, A
Civil Revision Petition No. 49-R of 1984 in Civil Appeal No. 213 of 1978, Civil Miscellaneous Petitions Nos. 7-R, 8-R, 10-R and 11-R of 1985 in Civil Appeal No. 213 of 1979, decision dated: 14-01-1985.
MUHAMMAD AFZAL ZULLAH, NASIM HASAN SHAH AND MIAN BURHANUDDIN KHAN, JJ
Dr. Abdul Basit, Advocate Supreme Court and Hamid Aslam Qureshi, Advocate-on-Record (absent). Khalid Iqbal Qazi, Advocate Supreme Court and Rao Muhammad Yousuf, Advocate on-Record. Raja Muhammad Akram, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, A
Mufti ABDUL GHANI
VS
PROVINCE OF THE PUNJAB AND ANOTHER
Law:
Section:
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- Ss. 13, 2(c) & 15-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10-Premises a nationlised school -Ejectment application against such school-Landlord and tenant, relationship of-Documents/Certificates of Settlement Department on record showing payment of land by school and not by any individual-Raising of building on land by an individual-Right of said individual to demand rent from school or file ejectment petition against school-Held, transfer in particular circumstances of an individual case, could be deemed to be in taw in favour of owner an individual or a body - Nevertheless factual controversy raised by any individual that he also made some contribution in raising building on land transferred to school, issue of ownership was to be dealt with in accordance with law declared in Rehmatullah v. Ali Muhammad and another 1983 S C M R 1064--There being no doubt or need for further enquiry on question that transfer of land was made to school and such building also not being exclusively belonging to individual person, no relationship of landlord and tenant existed between school and individual person--Said person could not therefore be permitted to reagitate such question in civil Court but could get his interest in superstructure determined by civil Court for compensation in accordance with law. (b) Supreme Court Rules, 1980- -- O. XVI, r. 1--Review by Supreme Court-Improvement in position of party applying for review emerged after filing of review petition--Such improvement, held, could not be given any importance being an afterthought-Review petition dismissed. (c) Supreme Court- - Judgment-Ejectment against nationalized school-Inconvenience -or hardship likely to be suffered by students-Held : If Government was willing to remove any difficulty and make any-adjustment in that behalf, but was hesitant to do so because of of Supreme Court, Government would be at liberty to make any application to Supreme Court for clarification on question of adjustment to be specified in application which could be considered on its own merits. ORDER MUHAMMAD AFZAL…
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