| Citation(s) |
|---|
| 2003 SLG 670 2003 SLD 670 2003 SCMR 1524 |
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal Nos. 1957, 1958, 1959, 1960 and 1961-L of 2001, decision dated: 27-02-2003
TANVIR AHMAD KHAN AND KHALIL-UR-RAHMAN RMNDAY, JJ
G.C. Sharma, V. Kumeria, Randhir Chawla, Balak Ram Dewan and M.V. Goswami, for the Appellant. V.S. Desai, S.K. Aiyar, R.N. Sachthey and B.D. Sharma, for the
Respondent. R. M. Hazarnavis and R.J. Joshi for the Applicant. S.P. Mehta and U.D. Shah for the
Civil Petitions for Leave to Appeal Nos. 1957, 1958, 1959, 1960 and 1961-L of 2001, decision dated: 27-02-2003
TANVIR AHMAD KHAN AND KHALIL-UR-RAHMAN RMNDAY, JJ
G.C. Sharma, V. Kumeria, Randhir Chawla, Balak Ram Dewan and M.V. Goswami, for the Appellant. V.S. Desai, S.K. Aiyar, R.N. Sachthey and B.D. Sharma, for the
Respondent. R. M. Hazarnavis and R.J. Joshi for the Applicant. S.P. Mehta and U.D. Shah for the
JAMEELA PIR BUKHSH and others
VS
APPELLATE AUTHORITY and others
Law:
Section:
Administration of justice----- ----Delay in justice---Perplexity of technicalities, a major cause---Courts must not shatter the trust reposed in them by general public by involving themselves in procedural technicalities---Prime duty of the Courts is to administer substantial justice which should not only be done but also seen to have been done at the earliest---Principles. The General Manager of the Raj Durbhunga under tie Court of Wards v. Maharajah Coomar Ramaput Singh 14 MIA 605 = 17 WR 459 = 10 BLRPC 294 = 2 Suth. PCJ 575 = 3 Sar. PCJ 117 ref. ORDER TANVIR AHMED KHAN, J. ----This order shall dispose of C.Ps. Nos.1957, 1958, 1959, 1960 and 1961-L of 2001 which are directed against a consolidated judgment dated 9-2-2001 whereby a learned Single Judge of the Lahore High Court dismissed the Constitutional petitions filed by the -Petitioners by holding that they may file fresh ejectment petitions against the -Respondents on the ground of reconstruction before the learned Rent Controller. 2. The facts of these cases are chequered. The property under dispute having been treated as an Evacuee Property was transferred to the -Petitioners by the Settlement Department in the year 1960 upon the commencement of operation under Displaced Persons (Compensation and Rehabilitation) Act, 1958. After having equipped themselves with proper sanction for the reconstruction of the property from the competent authority the -Petitioners in all these cases filed ejectment petitions against the -Respondents in the year 1982 on the ground of reconstruction. The -Respondents in their respective written statements denied the relationship of landlord and tenant. In the case of Mirza Yaqoob Baig, -Respondent in C.P.L.A. No. 1957-L of 2001, an issue qua the relationship of the landlord and tenant was- framed. It was decided by the learned Rent Controller in favour of the -Petitioners on 3-4-1983. Thereafter another issue qua reconstruction was framed. The -Petitioners produced documentary evidence to substantiate their claim of reconstruction. They also deposed that the -Respondents after reconstruction would be provided accommodation similar in nature. 3. After thrashing the entire…
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