Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Civil Petition for Special Leave to Appeal No. 1 of 1970, decided on 26th January 1970.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 14th November 1969, in Writ Petition No. 374 of 1969).
, Art. 58(3)‑Special Leave to Appeal to Supreme Court‑Refused when the allegation on which leave to appeal was sought was not found to be correct.
Raza Hussain Shamsi, Advocate Supreme Court instructed by Masud Akhtar Sheikh, Advocate‑on‑Record for Petitioner.
Muhammad Ilyas Khan, Advocate Supreme Court instructed by Muhammad Mehdi Anwar, Advocate‑on‑Record for Respondent.
Date of hearing : 26th January 1970.
The learned counsel concedes that the Rent Controller has the jurisdiction to determine whether the relationship of landlord and tenant exists between the parties, but contends that the learned Judges in the High Court have in accepting the writ petition moved by the respondent against the order of the Rent Controller . recorded a positive finding that the petitioner was a tenant under the respondent though the issue had yet to be determined by the Rent Controller.
A perusal of the record shows that the learned Judges were seized with the issue whether the proceedings in the application for the ejectment of the petitioner under section 13.of the West Pakistan Rent Restriction Ordinance, 1958, were lawfully stayed sine die pending the decision of the civil suit filed by the petitioner disputing the validity of the sale deed under which the respondent claimed to have purchased the rights of the petitioner's lesser. The observations made by the learned Judges are, however, confined to the legality of the stay order by the Rent Controller and do not dispose of finally the issue whether the petitioner was a tenant under the respondent or not. This question has yet to be decided by the Rent Controller in the light of the evidence brought before him by the parties.
The petitioner has no other quarrel with the order of the High Court. The petition for leave to appeal is dismissed with the observations made above.
Leave Refuse.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer