| Citation(s) |
|---|
| 1989 SLG 1990 1989 SLD 1990 1989 SCMR 1951 |
Supreme Court of Pakistan
Civil Petition No.37 of 1988, decision dated: 16-08-1988.(From the order, dated 14-9-1987 of the Lahore High Court, Lahore, in Writ Petition No.64 of 1987)
SAAD SAOOD, JAN AND ALI HUSSAIN QAZILBASH, JJ
Sh. Hamid Mukhtar, Advocate Supreme Court with Mahmood A. Qureshi, Advocate-on-Record for Petitioners. Nemo for
Respondents.
Civil Petition No.37 of 1988, decision dated: 16-08-1988.(From the order, dated 14-9-1987 of the Lahore High Court, Lahore, in Writ Petition No.64 of 1987)
SAAD SAOOD, JAN AND ALI HUSSAIN QAZILBASH, JJ
Sh. Hamid Mukhtar, Advocate Supreme Court with Mahmood A. Qureshi, Advocate-on-Record for Petitioners. Nemo for
Respondents.
TAHIR NAVEED and others
VS
QASIM RASOOL and others
Law:
Section:
West Pak1stan Urban Rent Restriction Ordinance (VI of 1959)----Ss.2(c), 13 & 13-A--Constitution of Pak1stan (1973), Art.185(3)--Term "landlord"--Connotation--Intending purchasers under the sale agreement, whether "landlords" and as such entitled to seek ejectment of tenants from the demised premises--Leave to appeal was granted to examine whether intending purchasers under the agreement of sale, before the reg1stration of sale-deed were "landlords" within the meaning of S.2(c) of Ordinance VI of 1959 and failure of tenants to pay them rent soon after the receipt of notice made them defaulters, and as such liable to ejectment and whether the High Court was not right to interfere with the order of ejectment in exercise of Constitutional jurisdiction. ORDER SAAD SAOOD JAN, J.--This petition for special leave to appeal arises out of the judgment and order, dated 14-9-1987 whereby in exercise of Constitutional jurisdiction a learned Single Judge in the Lahore High Court set aside 8n order of eviction passed by the Rent Controller and affirmed by the Additional D1strict Judge. 2. Respondents Nos.1 and 2 hereinafter called the contesting respondents were tenants under Mst. Asia in two different portions of the same house. On 31-5-1.983 Mst. Asia entered into an agreement with the petitioners for sale of the house. The sale price was fixed at Rs.1,85,000. At the time of execution of the agreement Mst. Asia received Rs.1,00,000 on account of the sale price. The relevant clauses in the agreement stated:-- On 9-1-1984 Mst. Asia executed the sale-deed in favour of the petitioners. This deed was reg1stered on 12-1-1984. 3. Soon after the execution of the agreement of sale but before the execution of the sale-deed the petitioners sent notices under section 13-A, Punjab Urban Rent Restriction Ordinance, to the contesting respondents informing them of the agreement of sale and calling upon them to pay rent to them. The contesting respondents did not pay any rent to the petitioners whereupon the latter filed an ejectment application against them. The contesting respondents res1sted the application on the ground that no relationship of landlord and tenant ex1sted between the…
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