| Citation(s) |
|---|
| 1989 SLG 400 1989 SLD 400 1989 SCMR 91 1989 SLD 956 1989 SCMR 91 |
Supreme Court of Pakistan
Civil Petitions Nos. 85-P to 88-P of 1988, decision dated: 11-10-1988
NASIM HASAN SHAH AND ALI HUSSAIN QAZILBASH, JJ
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Civil Petitions Nos. 85-P to 88-P of 1988, decision dated: 11-10-1988
NASIM HASAN SHAH AND ALI HUSSAIN QAZILBASH, JJ
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SUBHANULLAH and 3 others
VS
Mst. RAFIA AFZAL
Law: Constitution of Pakistan, 1973
Section: 185(3)
Cantonments Rent Restriction Act (XI of 1963)--S. 23--Constitution of Pakistan (1973), Art. 185(3)--Second ejectment petition was materially different from the petition dismissed earlier--Bar contained in S.23 is not attracted--Leave refused--Tenants allowed six months' time to enable them to make alternative arrangements. Mian Shakirullah Jan, Advocate-on-Record for Petitioners (in all the Petitions). Ch. Akhtar Ali, Advocate-on-Record for Respondent (in all the Petitions). Date of hearing: 11th October, 1988. ORDER NASIM HASAN SHAH, J.--This order will dispose of, the abovementioned four petitions. The original records were summoned by this Court to examine the plea raised by the petitioners (tenants) that the landlord-respondent had earlier filed an ejectment petition on the ground of re-construction which was dismissed and the present ejectment petition, which was the second petition seeking their ejectment, was substantially on the same ground as the first one and was liable to dismissal in view of the bar contained in Section 23 of the Cantonments Rent Restriction Act, 1963. We have examined the plans…
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