| Citation(s) |
|---|
| 1986 SLG 400 1986 SLD 400 1986 SCMR 280 |
Supreme Court of Pakistan
Civil Petition NO. 1185 of 1980, decision dated: 4-11-1984. (Against the judgment and order, dated 20-5-1980 of the Lahore High Court, Lahore in Second Appeal from Order No. 560 of 1977).
ASLAM RIAZ HUSSAIN AND SHAFIUR RAHMAN, JJ
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Civil Petition NO. 1185 of 1980, decision dated: 4-11-1984. (Against the judgment and order, dated 20-5-1980 of the Lahore High Court, Lahore in Second Appeal from Order No. 560 of 1977).
ASLAM RIAZ HUSSAIN AND SHAFIUR RAHMAN, JJ
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MUHAMMAD ASGHAR
VS
Ch. IMDAD ALI and others
Law:
Section:
Constitution of Pakistan (1973)-----Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.15--Rent appeal--Concurrent and elaborate finding on question of relationship of landlord and tenant between parties with reference to identity of suit property--Conclusion suffering from no legal infirmity-Petitioner having several opportunities at all stages to prove his case, plea of lack of adequate opportunity for prosecuting his case not sustained--Petition being devoid of merits, dismissed. Ch. A. Waheed Salim, Advocate Supreme Court in5tructed.by Hamid Aslam Qureshi, Advocate-on-Record for Petitioner. M. Z. Khalid, Advocate-on-Record (absent) for Respondents Nos. l and 2 Date of hearing: 4th November, 1984. ORDER SHAFIUR RAHMAN, J.-- The petitioner under orders of ejectment concurrently upheld by all the three .authorities seeks leave to appeal against the judgment of the Lahore High Court; ,dated. 20th of May, 1980 whereby his second appeal was dismissed: Mirza Aziz Ahmad the predecessor-in-interest of respondents 1 and 2 purchased at an auction on 26-7-1960 residential portion and two quarters of property bearing No. 195/B-VII, Railway Road, Sahiwal. He sold it to respondents 1 and 2 who then served a notice on the petitioner calling upon him to pay a rent of Rs.250 as he was in occupation of it. He afterwards filed a petition for his ejectment before the Rent Controller. The contest centred round the existence of relationship of landlord and tenant by reference to the identity of the property transferred. The petitioner being the transferee of the adjoining Graduate Hotel was claiming the residential portion as part of his property i.e. the hotel while the transferee was claiming it as his portion. It was, therefore, held that the relationship of landlord and tenant existed in respect of the property in dispute and that there had been subletting and an…
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