Case Details

Citation(s)
1986 SLG 531 1986 SLD 531 1986 SCMR 586
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 269 of 1983, decision dated: 27-11-1985. (From the judgment of the Lahore High Court, Lahore, dated 9-1-1983 in Writ Petition No. 4887 of 1982).
ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND ABDUL KADIR SHAIKH, JJ

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MUHAMMAD ASLAM and others

VS

MUHAMMAD ASHRAF and another

Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 (2)(ii)(a)--Ejectment--Default and subletting--Tender of rent in contravention of tenancy--Original tenant not keeping tenancy to himself, making R a partner in tenancy without associating landlord or obtaining his consent and himself proceeding abroad--Tender of rent by R could be lawfully refused by landlord--Order of ejectment on ground of default and subletting, held, unexceptionable--Leave to appeal refused. Ammar Raza A. Khan; Senior Advocate Supreme Court and Hamid Aslam Qureshi, Advocate-on-Record for Petitioners. Abdul Saleem, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate-on-Record for Respondent No. 1. Date of hearing: 27th November, 1985. ORDER MUHAMMAD AFZAL ZULLAH, J.--This petition for leave to appeal calls in question judgment, dated 9-1-1983 of the Lahore High Court; whereby a Constitutional petition arising out of a rent restriction matter filed by the present petitioners, was dismissed. The dispute raised before us is that the findings of the High Court that although Muhammad Aslam petitioner was the tenant, he had sublet the premises to Muhammad Rafique petitioner; and further that the tender…
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