| Citation(s) |
|---|
| 1994 SLG 1223 1994 SLD 1223 1994 CLC 2293 |
Lahore High Court
Writ Petition No. 4983 of 1992, decision dated: 27-09-1992
FALAK SHER, J
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Writ Petition No. 4983 of 1992, decision dated: 27-09-1992
FALAK SHER, J
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MUHAMMAD ISLAM-
VS
MUHAMMAD RAFIQ
Law:
Section:
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 13---Constitution of Pakistan (1973), Art. 199---Concurrent ejectment orders passed by competent forum---Constitutional petition against such concurrent findings was devised to perpetuate possession indefinitely and thus amounted to abuse of process of Court---Petitioner's suit on basis of adverse possession was pending adjudication in civil suit---In case of petitioner's success in establishing any title to premises in question, he could have the decree executed through legal process---Constitutional petition being not competent against concurrent findings of forums below was dismissed in circumstances. Ch. Inayat Ullah Khan for Petitioner. Sh. Khalil-ur-Rehman for Respondent. ORDER Muhammad Rafiq respondent having acquired the suit premises from the Settlement Department by virtue of PTD No. 6501 of 31-8-1971 (Appendix B) and serving the petitioner with notice contemplated by section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 affirming statutory tenancy over freshly raised structure demolishing the old one, sought the latter's ejectment there from averring default in the payment of rent of RS.300 p.m. since June, 1979, which was contested by the petitioner denying the relationship of landlord and tenant claiming to be in possession thereof in own right since the year 1947, which was eventually granted by the learned Rent Controller, Lahore nearly after a decade on 25-2-1991 and was upheld in appeal videβ¦
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