| Citation(s) |
|---|
| 1989 SLG 2037 1989 SLD 2037 1989 SCMR 2034 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 392 of 1989, decision dated: 10-06-1989.(On appeal from the judgment dated 4-2-1989 of the Lahore High Court in Writ Petition No. 5758 of 1988)
MUHAMMAD AFZAL ZULLAH AND USMAN ALI SHAH, JJ
Sh. KhalilurRchman, Advocate Supreme Court and Syed Abul Aasim Jafari, Advocate-on-Record for Petitioner. Nemo for
Respondents
Civil Petition for Leave to Appeal No. 392 of 1989, decision dated: 10-06-1989.(On appeal from the judgment dated 4-2-1989 of the Lahore High Court in Writ Petition No. 5758 of 1988)
MUHAMMAD AFZAL ZULLAH AND USMAN ALI SHAH, JJ
Sh. KhalilurRchman, Advocate Supreme Court and Syed Abul Aasim Jafari, Advocate-on-Record for Petitioner. Nemo for
Respondents
MANZOOR HUSSAIN
VS
Ch. MUHAMMAD NAWAZ and 3 others
Law:
Section:
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S.13--Constitution of Pakistan (1973), Art. 185 (3)--Leave to appeal sought by the sub-tenant against dismissal of his Constitutional petition on the plea that main tenant having remained away from the proceedings, no order against sub tenant could have been passed even if he was adjudged as a sub-tenant--Held, sub-tenant's plea being extraordinary one, if accepted the main tenant would not attend the proceedings and the sub-tenants would get away with ill-gotten gains which was never the intention of law whether substantive or procedural-Subtenant described his position and status in the property as that of an 'occupant' not taking the position of his being an owner, a trespasser, a tenant or an alienee, in any form--Dishonest tenant who wanted to retain the possession of a property through illegal means, would lose his right to obtain discretionary relief either in writ jurisdiction of the High Court or before the. Supreme Court in its discretionary jurisdiction to grant leave to appeal--Leave to appeal refused. ORDER MUI IAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a sub-tenant, against the dismissal of his Writ Petition by the High Court. 2. Learned counsel has contended that the main tenant having remained away from the proceedings no order against' the…
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