Case Details

Citation(s)
1991 SLG 888 1991 SLD 888 1991 SCMR 345
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 771 of 1989, decision dated: 20-08-1989(On appeal from the judgment and order of the Lahore High Court, Lahore dated 13-5-1989, passed in Writ Petition No. 2356 of 1989)
MUHAMMAD AFZAL ZULLAH AND S. USMAN ALI SHAH, JJ

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MUHAMMAD SIDDIOUE

Mehr MUHAMMAD ALTAF and others

Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-­-S.13---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal---Courts below found that petitioner who was proved to be a tenant, was a defaulter and contention of petitioner that superstructure on plot in dispute was built by him was also found by Courts below against him---Matter involved in petition pertained to question of fact and findings reached by Courts below on such question of fact could not be interfered with---Leave to appeal was refused. ORDER S. USMAN ALI SHAH, J.---The petitioner seeks leave to appeal against the order of the Lahore High Court, Lahore dated 13-5-1989, whereby his writ petition was dismissed. Respondent No.3 and Mst. Jhando predecessor-in-interest of respondents Nos.4-6 filed an ejectment application before the Rent Controller, Lahore against the petitioner from the plot measuring 10 marlas alongwith superstructure built thereon, which was a part of Khasra No.177 Khatuni No.1201 Khewat No.311, situate in Mauza Dholanwal Tehsil and District Lahore, on the ground of default in payment of rent at the rate of Rs.400 p.m. from October, 1980 to 30-9-1983 and also damage to the property in dispute. The petitioner contested the said application and claimed that he was only the tenant of the plot and the superstructure thereupon was built by the petitioner/defendant himself. It was also alleged by him that the premises was firstly rented by him at the rate of Rs.10 p.m.…
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