| Citation(s) |
|---|
| 2002 SLG 1352 2002 SLD 1352 2002 SCMR 1198 |
Supreme Court of Pakistan
Civil Petition No.709-L of 2002, decision dated: 8-03-2002.(On appeal from the judgment dated 6-2-2002before Lahore High Court passed in Writ Petition No. 17177 of 1999)
QAZI MUHAMMAD FAROOQ, ABDUL HAMEED DOGAR AND KHALIL-UR-REHMAN RAMDAY, JJ
Abdul Aziz Qureshi, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners. Nemo for
Respondents
Civil Petition No.709-L of 2002, decision dated: 8-03-2002.(On appeal from the judgment dated 6-2-2002before Lahore High Court passed in Writ Petition No. 17177 of 1999)
QAZI MUHAMMAD FAROOQ, ABDUL HAMEED DOGAR AND KHALIL-UR-REHMAN RAMDAY, JJ
Abdul Aziz Qureshi, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners. Nemo for
Respondents
ARSHAD ALI HASHIMI
VS
ADDITIONAL DISTRICT JUDGE and 2 Others
Law:
Section:
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---S.15---Civil Procedure Code (V of 1908), O.XLI, R.27---Constitution of Pakistan (1973), Arts. 185(3) & 199---Constitutional petition before High Court---Appeal against ejectment order---Additional evidence---Appellate Authority on petitioner-tenant's application under O.XLI, R.27, C.P.C., allowed him to produce additional evidence, but he could not produce the same in spite of having availed several opportunities, thus, further adjournment was refused to him---Petitioner then filed Constitutional petition. which was dismissed by High Court---Validity---Order allowing additional evidence had not been challenged by anyone, thus. Supreme Court considered it inappropriate to go into question of desirability or validity of order allowing said opportunity at a. fairly late stage---Petitioner bad been allowed permission three years ago, but even after lapse of such period he was not possessed of certified copies, which he had wished to produce as additional evidence---Conduct of petitioner was evident from such fact, thus, possibility of having initiated such exercise only to prolong ejectment proceedings could not be ruled out---No exception could be taken to impugned orders---Supreme Court dismissed the petition and refused to grant leave to appeal. ORDER KHALIL-UR-REHMAN RAMDAY, J.---This is a petition under Article 185(3) of the Constitution against an order, date 6-2-2002 of the Honourable Lahore High Court passed in Writ Petition No. 17177 of 1999 whereby the said Honourable High Court had refused to interfere with an order dated 8-9-1999 passed by the learned Additional District Judge (Appellate Authority) at Faisalabad. 2. As per information made available to us through this petition, the petitioner herein had taken on rent a property located in the city of Faisalabad from Abdul Majeed respondent for which the petitioner was paying an amount of Rs.5,000 p.m. as rent to the said Haji Abdul Majeed respondent. The petitioner is stated to be running a hospital in the said property. It also appears from this petition that the said Abdul Majeed -respondent sought ejectment of the petitioner from the…
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