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Civil Petition for Special Leave to Appeal No. K‑68 of' 1983, decided 94 15th February, 1983.
(On appeal from the judgment of Sind High Court, dated 29‑11‑1982 in 2nd Rent Appeal No. 139 of 1978).
Constitution of Pakistan (1973‑‑
‑‑ Art. 185(3)‑West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13‑Leave to appeal granted on submission in support of petition that ejectment application against petitioner who is widow of deceased tenant was not competent against other heirs of deceased tenant who are in possession of demised premises.
S. M. Gharib Nawaz, Advocate‑on‑Record for Petitioner.
Nemo for Respondent.
Date of hearing : 15th February, 1983.
ABDUL KADIR SHAIKH, J
.‑It is, inter alia, submitted in support of the petition that the ejectment application against the petitioner who is they widow of the deceased tenant was not competent against the other heirs of the deceased tenant who are in possession of the demised premises. Leave is granted and the petition is allowed. Security Rs. 500.
The appeal will be heard on the present record but it will be open to the parties to file additional documents, if any.
Petitioner shall not be evicted from the demised premises till the appeal is decided provided she deposits rent in Court in terms of the order passed earlier in the case.
M. Z. M. Petition allowed.
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