| Citation(s) |
|---|
| 1991 SLG 814 1991 SLD 814 1991 SCMR 188 |
Supreme Court of Pakistan
Civil Petition for heave to Appeal No. 496 of 1981, decision dated: 18-04-1990(On appeal from the order dated 16-2-1981 of the Lahore High Court, Lahore in F.A.O. No. 73 of 1979)
MUHAMMAD AFZAL ZULLAH, C.J. AND ABDUL QADEER CHAUDHRY, JJ
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Civil Petition for heave to Appeal No. 496 of 1981, decision dated: 18-04-1990(On appeal from the order dated 16-2-1981 of the Lahore High Court, Lahore in F.A.O. No. 73 of 1979)
MUHAMMAD AFZAL ZULLAH, C.J. AND ABDUL QADEER CHAUDHRY, JJ
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Law:
Section:
(a) West Pakistan Employees Social Security Ordinance (X of 1965)--S. 2(30)---Constitution of Pakistan (1973), Art. 185(3)---Question of house rent---Leave to appeal was sought on the ground that a Bench of Supreme Court after hearing, dismissed several petitions of respondent on question of house rent---Dismissal of such petitions was, however, by a short order and before a detailed could be rendered, matter was ordered to be reheard--Petitioner's plea was that on account of said dismissal of respondents' petitions for leave to appeal on the same question, petitioner had a good case for further examination on question of house rent---In cases referred to filed by respondent for hearing, leave to appeal was granted after rehearing---Leave was also granted to petitioner in present case. (b) Supreme Court Rules, 1980--- ----OXXVI, R.1---Constitution of Pakistan (1973), Art. 185(3)---Short order having been passed by Supreme Court, same was recalled by the Judges who passed it and ordered rehearing of petitions---Judges ordering rehearing having retired, Supreme Court suo motu reviewed and recalled the short order passed by the Judges of Supreme Court (since retired) in addition to the aforementioned order whereby petitions were ordered to be reheard by the Judges---On rehearing and review leave to appeal was granted regarding house rent. ORDER MUHAMMAD AFZAL ZULLAH, C.J.---Judgments of Sindh and Lahore High Courts are against the petitioner on the question relating to conveyance and shift allowance. He accordingly does not press this petition in that behalf. On the question of house rent he stated that a Bench of this Court after hearing on 23-6-1982 dismissed several petitions of the respondent on the question of house rent. However, the dismissal was by a short order and before a detailed judgment could be rendered that matter was ordered to be reheard. Accordingly, he has argued that on account of said dismissal of respondent's petitions for leave to appeal on the same question the petitioner (the other side) has thus good case for further examination on this question; namely, house rent. The afore-mentioned cases are also fixed for today. Leave is being…
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