Case Details

Citation(s)
1995 SLG 317 1995 SLD 317 1995 SCMR 1197
Supreme Court of Pakistan
Civil Petition No. 445 of 1994, decided on 20th February, 1995.
MANZOOR HUSSAIN SIAL AND MIR HAZAR KHAN KHOSO, JJ
Manzoor Ilahi Qureshi, Advocate Supreme Court instructed by Imtiaz Muhammad Khan, Advocate on Record for Petitioner. Nemo for
Respondents.

Mian MUHAMMAD TUFAIL

VS

ADDITIONAL DISTRICT JUDGE, RAWALPINDI and 2 others --Respondents

Law: Constitution of Pakistan, 1973

Section: 185(3)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)   S. 13 Constitution of Pakistan (1973), Art. 185(3) Order of ejectment was based on consent of tenant Tenant’s subsequent plea that he was coerced by Rent Controller to reach compromise was an afterthought and of no effect Concurrent orders of all the three Courts below did not warrant interference Leave to appeal was refused in circumstances.  ORDER MANZOOR HUSSAIN SIAL, J:The petitioner seeks leave to appeal against judgment dated 8 9 1994 of the Lahore High Court whereby Writ Petition No.897 of 1994 filed by him was dismissed in limine. 2. The respondent No.3 had instituted an ejectment petition against the petitioner for vacation of the house in dispute on the ground of personal need and having committed default in payment of rent. 3. During the pendency of the ejectment proceedings, more particularly on 15 2 1994, when the statement of the petitioner was being recorded by the learned Rent Controller, the parties reached a compromise, according to which the petitioner offered his landlord to allow him six months` period for vacation of the disputed premises. The offer made by the petitioner was accepted by the son of the landlord who was acting as his attorney. The learned Rent Controller, accordingly, passed the order directing the petitioner to vacate the premises on 15 8 1994. 4. The petitioner felt aggrieved against the aforesaid order and filed appeal contending that he made no voluntary statement and the learned Rent Controller had coerced…
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