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MUHAMMAD SULEMAN versus ABDUL SATTAR


Section 24 Constitution of Pakistan (1973), Article 185 (3) Appeal Care Failure to provide the necessary parties to the proceedings was taken up by the landlord tenant controller and the eviction order was approved against the tenants. No appeal was filed against him. Order for eviction But the petitioner, who was in possession of the premises, had filed an appeal by the High Court stating that the appeal was dismissed on the basis of non-enforcement of the original tenant. The applicant's position was that he was a tenant in this house. The right, therefore, will not be disqualified if the original tenant is not processed on appeal. The original tenant was the essential party, therefore, failure to comply with his sentence was fatal and the tenancy in his name proceeded unchanged. In the absence of proof of grant of possession of the land by the applicant with the permission of the landlord, or the acknowledgment of the applicant's status as a tenant, with the permission of the landlord The applicant shall be deemed to have no independent right to occupy the premises by the real tenant and to retain possession and to resist eviction.

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