| Citation(s) |
|---|
| 2001 SLG 1584 2001 SLD 1584 2001 SCMR 1789 |
Supreme Court of Pakistan
Civil Petition No. 113.8 of 2000, decided 2-01-2001. (On appeal from the judgment ate 6-6-2000 of Lahore High Court, Rawalpindi Bench, Rawalpindi in Writ Petition No.1116/98)
NAZIM HUSSAIN SIDDIQUI AND HAMID ALI MIRZA, JJ
Habibul WahabulKhairi, Advocate Supreme Court for Petitioner. M. Bilal, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for
Respondents
Civil Petition No. 113.8 of 2000, decided 2-01-2001. (On appeal from the judgment ate 6-6-2000 of Lahore High Court, Rawalpindi Bench, Rawalpindi in Writ Petition No.1116/98)
NAZIM HUSSAIN SIDDIQUI AND HAMID ALI MIRZA, JJ
Habibul WahabulKhairi, Advocate Supreme Court for Petitioner. M. Bilal, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for
Respondents
MUHAMMAD SIDDIO -Petitioner
VS
CIVIL JUDGE, ATTOCK and others-Respondents
Law:
Section:
West Pakistan Urban Rent Restriction Ordinance (VI of 1959) Ss.13 & 17Constitution of Pakistan (1973), Art. 185(3)Execution of ejectment order Ejectment order passed against tenant having attained finality, Court in its ejectment order granted two months' time to the tenant with effect from 4111997 for handing over the possession of the premises to the landlordApplication for execution of ejectment order was filed on 511998 by the landlord before Executing Court in terms of the ejectment order which was challenged by the tenant in Constitutional petition contending that period of two months granted to him was to expire on 511998 and issuance of writ of possession on that very date by Executing Court was unlawful and illegalHigh Court dismissed the Constitutional petitionValidityPeriod of two months would mean sixty day and while counting sixty days' period from 4111997, 311998 would be the last day for the -Petitioner to return the possession in terms of the ejectment orderExecution application could have been competently moved even on 411998Even otherwise there was no bar under the law to issue writ of possession soon after the expiry of time for handing over of possession to the landlord granted by a competent CourtHigh Court having dismissed Constitutional petition had given cogent and valid reasons to which no ORDER HAMID ALI MIRZA,---This civil petition for leave to appeal is directed against the judgment dated 662000 in Writ Petition No. 1116 of 1998 filed under Article 199 of the Constitution of Islamic Republic of Pakistan, which was dismissed by a learned Judge in Chambers of Lahore High Court, Rawalpindi Bench. 2. The brief facts of the case are that an ejectment order was passed in respect of a Shop No.D165 situated in DBlock, Attock City, against the -Petitioner by the Civil Judge and Rent Controller as per his judgment dated 1771997, against which Civil Appeal No.83 of 1997 was preferred by the -Petitioner, which too was dismissed by the learned Additional District Judge Attock as per his judgment dated 4111997. The said judgment was challenged in S.A.O. 2 of 1998 before Lahore High Court, Rawalpindi Bench, which was also dismissed by the…
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