| Citation(s) |
|---|
| 1988 SLG 2724 1988 SLD 2724 1988 SCMR 1656 |
Supreme Court of Pakistan
C.P.S.L.A. No. 1130 OF 1983 SHAFIQUE AHMAD and others--Petitioners versus Ch. MUHAMMAD ASHRAF, CIVIL JUDGE, and others--Respondents (On appeal from the judgment and order of Lahore High Court Dated 11-6-1983 in writ petition No. 339 of 1983). C.P.S.L
MUHAMMAD AFZA1 ZULLAH AND SAAD SAOOD JAN, JJ
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C.P.S.L.A. No. 1130 OF 1983 SHAFIQUE AHMAD and others--Petitioners versus Ch. MUHAMMAD ASHRAF, CIVIL JUDGE, and others--Respondents (On appeal from the judgment and order of Lahore High Court Dated 11-6-1983 in writ petition No. 339 of 1983). C.P.S.L
MUHAMMAD AFZA1 ZULLAH AND SAAD SAOOD JAN, JJ
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C.P.S.L.A. No.1130 OF 1983 SHAFIQUE AHMAD and others
VS
Ch. MUHAMMAD ASHRAF, CIVIL JUDGE, and others--Respondents C.P.S.L.A. No.119 OF 1984 IFTIKHAR AHMAD and others vs HAFIZ AHMAD and others--Respondents
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)--Ejectment--Legal representative of deceased tenant--Plea that on the death of original tenant all his heirs had jointly inherited the tenancy and as such ejectment proceedings taken against one of them were improper, not entertained--No other heir was in occupation of property in dispute, nor had applied for being impleaded before Rent Controller or ever tendered any rent to contesting respondents--Petition being without merit, dismissed. ORDER SAAD SAOOD JAN, J.--These are two petitions for special leave to appeal. In both the petitions the contesting parties as well as the property in dispute is the same. 2. The dispute relates to a part of the property situate in Shahdara Town, Lahore. Both parties sought transfer of the property before the Settlement authorities and the litigation came right up to this Court. The predecessor-in-interest of the contesting respondents, namely, Muhammad Sharif, turned out to be successful and the transfer documents were issued in his name. 3. The contesting respondents filed an application for the ejectment of Mahmood Ahmad, one of the legal representatives of Hakim Mukhtar Ahmad. On their part, the petitioners filed a civil suit for a declaration that Muhammad Sharif had obtained the transfer of property by committing fraud. The suit was dismissed by the trial Court and its decision was upheld by the Additional District Judge and the High Court. The…
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