| Citation(s) |
|---|
| 1993 SLG 655 1993 SLD 655 1993 SCMR 897 |
Supreme Court of Pakistan
Civil Appeals Nos.209-P and 210-P of 1990, decision dated: 22-12-1992(On appeal from the judgment dated 21-1-1990 of the Peshawar High Court, Peshawar, in W.Ps. Nos.164 and 165 of 1988)
MUHAMMAD AFZAL ZULLAH, C.J., ABDUL QADEER CHAUDHURY AND MUHAMMAD AFZAL LONE, JJ
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Civil Appeals Nos.209-P and 210-P of 1990, decision dated: 22-12-1992(On appeal from the judgment dated 21-1-1990 of the Peshawar High Court, Peshawar, in W.Ps. Nos.164 and 165 of 1988)
MUHAMMAD AFZAL ZULLAH, C.J., ABDUL QADEER CHAUDHURY AND MUHAMMAD AFZAL LONE, JJ
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KHURSHID KHAN and others
RAHAT KHAN and others
Law:
Section:
(a) Constitution of Pakistan (1973)--Art.185---Appeal to Supreme Court---Controversy had concluded by findings of fact which had gone against the appellants---Impugned did not suffer from any serious infirmity---No misreading or non-reading of evidence had taken place---Appeal was dismissed. (b) Islamic Jurisprudence --- ----Landlord and tenant---Default by tenants who were sitting on the land for last 3/4 decades was established ---Ejectment---Islamic way of dispensation of justice in such like matters provides that while it was the duty of the tenants to please their landlords by keeping good relationship (which they had not been able to fulfill), nevertheless it was the duty of landlords also to part ways with magnanimity on their part and even if according to technical calculation the tenants were not entitled to compensation which according to them, would be adequate, there was nothing wrong in the landlords paying them adequate compensation which the landlords honestly believed to be adequate--Landlords thus agreed that if by getting the tenants ejected they take any benefit which in morality was not due to them they would be carrying fire in their pockets as laid down by the Holy Prophet. Sahih AI-Bukhari, Arabic-English by Dr. Muhammad Mohsin Khan, Vol. III, p.523 Sunnah No.845 ref. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ.---These appeals through leave of the Court have arisen out of a tenancy dispute between the appellants (the tenants' side) and the respondents (the landlords' side). The order for grant of leave to appeal reads as follows:, "The petitioners in the above-noted petitions seek leave to appeal against the judgment of the Peshawar High Court dated 21-i-1990, whereby Writ Petitions Nos. 164 and 165 of 1988 filed by the petitioners against the respondents, were dismissed. "The petitioners in these petitions are the lessees of the land in dispute while the respondents are their landlords. The respondents filed an application before, the Revenue Officer, Mardan for issuing notice of ejectment of the Petitioners from the disputed land which was issued on 10-11-1981 asking the petitioners to vacate the land and if they have any objection, they…
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