Case Details

Citation(s)
1987 SLG 603 1987 SLD 603 1987 SCMR 1588
Supreme Court of Pakistan
Civil Review Petition No. 15K of 1986 in Civil Appeal No. 73K of 1985, decided on 23rd December, 1986. (On appeal from the judgment of Supreme Court in C.A. No. 73K of 1985, dated 911986).
ABDUL KADIR SHAIKH, S. A. NUSRAT AND ZAFFAR HUSSAIN MIRZA, JJ
M.S. Ghoury, Advocate-on-Record for Applicant. Akhtar Mahmood, Advocate-on-Record for
Respondents

Haji Shaikh MUHAMMAD ABOOBAKR RATRA--Applicant

VS

JAMAL MUSHARIFF and 3 others

Law:

Section:

Constitution of Pakistan (1973)-----Art. 188--Supreme Court of Pakistan Rules, 1980, O. XXVI, R.1-­Review by Supreme Court in ejectment matter--Sought on ground that Court had not decided the question on which leave to appeal was granted--Appeal decided on merits of case and question on which leave to appeal was granted considered unnecessary to be decided--Held: Decision on merits of case rendered answer to question on which leave to appeal was granted totally redundant and unnecessary--Not a normal practice of Supreme Court to embark on decisions of questions of law if it amounted to an exercise in futility. ORDER ABDUL KADIR SHAIKH, J.--This is a petition for review of the judgment of this Court dated 9-1-1986 dismissing an appeal filed by the petitioner which was directed against the judgment of Sind High Court dated 11-11-1984. By that judgment, the High Court dismissed an appeal filed by the petitioner against the order of the Rent Controller dated 23-1-1983, by which he was directed to hand over possession of the demised premises to respondent-landlords. The Rent Controller passed that order on being satisfied from the evidence recorded in the case that respondents bona fide required the premises for their personal use, and the High Court on re-appraisal of the evidence confirmed this view and accordingly dismissed the appeal. Leave to appeal from the judgment of the High Court dated 11-11-1984 was granted by this Court so as to consider the question "whether the fact that landlord is residing in a rented house, is by itself, sufficient to prove that he requires the premises in good faith for his own occupation…
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