Case Details

Citation(s)
1987 SLG 746 1987 SLD 746 1987 SCMR 1887
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 216 of 1987, decision dated: 16-06-1987.On appeal from the judgment of the Lahore High Court, Lahore dated 21-3-1987 in F.A.O. No.12 of 1987
ASLAM RIAZ HUSSAIN AND SAAD SAOOD, JAN, JJ
Zaki-ud-Din Pal, Advocate Supreme Court instructed by M.A. Qureshi, Advocate-on-Record for Petitioners counsel. Hamid Mukhtar, Advocate Supreme Court instructed by Muhammad Aslam Chaudhary, Advocate-on-Record for
Respondents counsel

Col. (Retd.) SADIQ HASSAN SHEIKH

VS

LT. COL. FAROOQ AHMAD-

Law:

Section:

Cantonments Rent Restriction Act (XI of 1963)-----Ss. 13 & 17--Constitution of Pakistan (1973), Art. 185(3)--Ejectment proceedings--Finding of fact by Rent Controller that petitioner was occupying the house in dispute as tenant under respondent--Petitioner unable to show that such finding was not sustainable on evidence on record--Contention that petitioner was not given sufficient opportunity to lead his evidence found to be without any substance--Proceedings adjourned on three occasions to enable petitioner to produce his evidence but Rent Controller, after being satisfied that petitioner was purposely prolonging the proceedings, closing his evidence--No infirmity could be found in order of Rent Controller in such regard-­Petition for leave to appeal dismissed. ORDER SAAD SAOOD JAN, J.--This is a petition for special leave to appeal from the judgment dated 21-3-1987 of the Lahore High Court whereby the appeal of the petitioner from an order of ejectment passed against him by the Additional Rent Controller, Lahore Cantonment was dismissed. 2. The dispute between the parties relates to a house situate in Super Town, Gulgasht Colony, Walton Road, Lahore Cantonment. The respondent filed an application before the Additional Rent Controller for the ejectment of the petitioner on the ground that the latter was his tenant in the house and that he had defaulted in paying rent for five months in 1985 and four months in 1986. The petitioner resisted the application. He denied that the house belonged to the respondent or that the relationship of landlord and tenant existed between the parties. His case was that the respondent had under some misapprehension constructed the house on a plot that belonged to him (that is, the petitioner). Subsequently, when this error was discovered an agreement was reached between the parties on the intervention of some respectable. According to the agreement the petitioner undertook to pay Rs.1,00,000 by way of compensation for the structure to the respondent in monthly instalment of Rs.2,000 to Rs.2,500. 3. On the pleadings of the parties the learned Additional Rent Controller framed an issue to the effect whether the relationship of…
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