Case Details

Citation(s)
1988 SLG 2568 1988 SLD 2568 1988 SCMR 1344
Supreme Court of Pakistan

MUHAMMAD AFZAL ZULLAH AND SAAD SAOOD JAN, JJ

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TAJ DIN

VS

SHAKOOR AHMAD---Respondent

Law: Constitution of Pakistan, 1973

Section: 185(3)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--   ---S.13--Constitution of Pakistan (1973), Art. 185(3)--Eviction order was passed by Rent Controller and affirmed in First and Second Appeals--Partition suit in respect of the property pending—Findings of fact by all Courts below were against the tenant--No justification was made out for interference by Supreme Court--Supreme Court, while dismissing petition for leave observed that dismissal of petition would be without prejudice to the partition suit pending before a Civil Court; subject to the condition that if the tenant had not already vacated the premises, the said proceedings shall not continue without his vacating the premises.   ORDER MUHAMMAD AFZAL ZULLAH, J.--A tenant` has through his Constitutional petition, called in question order of his eviction passed by the learned Rent Controller and affirmed in first and second appeals leave to appeal has now been sought from judgment dated 25-5-1985 of the Lahore High Court; whereby his Second Appeal against the order of his eviction…
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