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Civil Petition for Special Leave to Appeal No. 14 of 1964, decided on JOth February 1964.
(On appeal from the order of the High Court of West Pakistan, Lahore dated the 31st January, 1964, in Civil Miscellaneous No. 652 of 1974).
---Art. 58 (3)‑Leave to appeal to Supreme Court‑High Court on appeal being filed calling for record of ejectment proceeding but refusing to stay ejectment‑Refusal to stay ejectment prima facie appearing to be inconsistent with order calling for records‑Such ground sufficient for grant of leave to appeal‑Petitioner, in addi tion, also appearing to have instituted a suit for declaration of statutory rent being only half of what he had been paying and there being in consequence a large sum to his credit in landlord's hands‑Leave to appeal granted‑West Pakistan Urban Rent Restriction Ordinance
Muhammad Asaf, Senior Advocate Supreme Court, Gul Muhammad Butt, Advocate Supreme Court with him) instructed by Muhammad Aslant Chattha, Attorney for Petitioner.
Respondent in person.
Date of hearing : 10th February, 1964.
.‑The case arises out of a proceeding before a Rent Controller which at present stands decided by an order of the Additional District Judge, Lahore confirming an order of the ejectment of the petitioner Mr. E. A. Evans. He moved an appeal before the High Court, and a learned Judge made an order as follows :---‑
"Records. No stay at this stage."
It is clear that the appeal was not being dismissed forthwith, so that the question of the retention of the premises was a live issue before the Court. In the circumstances, refusal to stay ejectment would appear, prima facie to be inconsistent with the order calling for records.
That is a sufficient ground, for the grant of leave to appeal. But it appears, additionally, that the petitioner had instituted a suit, which was still pending for a declaration that the statutory rent of the premises was half that which he had been paying for the period since the respondent became his landlord, and there was in consequence a large sum to his credit in the landlord's hands.
We grant leave to appeal. Let formalities be expedited, and the appeal be prepared for hearing in the second half of March. Security Rs. 500.
Leave granted.
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