| Citation(s) |
|---|
| 1997 SLG 852 1997 SLD 852 1997 SCMR 1473 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.26 of 1995, decision dated: 9-07-1995
MUHAMMAD MUNIR KHAN AND MIR HAZAR KHAN KHOSO, JJ
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Civil Petition for Leave to Appeal No.26 of 1995, decision dated: 9-07-1995
MUHAMMAD MUNIR KHAN AND MIR HAZAR KHAN KHOSO, JJ
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Syed SHABBIR HUSSAIN SHAH and others
VS
Mirza MAQBOOL AHMAD through Legal Heirs and others
Law:
Section:
Sindh Rented Premises Ordinance (XVII of 1979)--S. 15---Civil Procedure Code (V of 1908), S. 144---Constitution of Pakistan (1973), Art. 185(3)---Tenants in earlier round of litigation had expressed their readiness before Supreme Court to withdraw their petition for leave to appeal provided landlords allowed them one year time to vacate premises---Petitioners failed to vacate premises within stipulated time---Tenants were ejected by. Rent Controller on the basis of their commitment before Supreme Court---Tenants challenged said order in High Court but to no effect---Tenant, meanwhile on basis of application under S. 144, C.P.C. were restored possession on the plea that area in question had been deleted from the allotment of landlords---High Court set aside such order of Rent Controller and directed him to deliver vacant possession to landlords---Validity---Tenants had voluntarily agreed before Supreme Court to hand over vacant possession of premises to landlord but they did not comply with that order---Possession of premises was given to landlords on commitment of tenants made before Supreme Court---Tenants could not go out of such commitment for having once accepted respondents as their landlords they were bound by it---High Court had, thus, correctly directed Rent Controller to deliver vacant possession to landlords---No defect was pointed, out in such order of High Court---Leave to appeal was refused in circumstances. Muhammad Nawaz Abbasi, Advocate Supreme Court instructed by Raja Abdul Ghafoor, Advocate-on-Record for Petitioners. Mr. Danish, Advocate Supreme Court with Ch. Akhtar Ali, Advocate-on-Record for Respondents. Date of hearing: 9th July, 1995. ORDER MIR HAZAR KHAN KHOSO, J. ---Petitioners Syed Shabbir Hussain Shah and others seek for leave to appeal against'the judgment dated 22-1-1995 passed by the High Court of Sindb, Hyderabad Circuit. 2. The facts giving rise to this petition are that Mirza Maqbool Ahmad, predecessor-in-interest of respondents was transferred premises bearing Survey No.B/100-1800 and 1801 under Settlement Scheme in Hydrabad in the year 1960. Syed Bachal Shah, predecssor-in-interest of the petitioners, who was in possession of…
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