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Writ Petition No. 1193 of 1985, decided on 17th December, 1985.
---Art. 199--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 a 17--Ejectment--Relationship of landlord and tenant- Concurrent findings of Courts below ordering ejectment of tenant for non-deposit of rent--High Court in constitutional jurisdiction while dismissing petition on request of tenant allowed seven days interim relief against ejectment to enable tenant to seek remedy through civil Court if so advised.
Mirza Manzoor Ahmad for Petitioner.
Courts below, in the result of detailed discussion and in depth assessment of evidence led for and against, found preliminary issue of relationship of landlord and tenant in favour of respondents and directed ejectment of petitioner Ghulam Hussain. Further enquiry was not called for, because payment of rent was not pleaded. Counsel states that when the petitioner is faced with a concurrently concluding finding of fact on relationship, appropriate remedy in law for him is to file a civil suit before civil Court. Seeks permission /observation from this Court to initiate proceedings in the civil Court. Writ petition is dismissed. However, petitioner, if so advised, can seek his remedy before a civil Court Let it be clarified that suit when filed shall be decided on its own merits and in accordance with law. Counsel, lastly prays that the execution of the ejectment order be stayed for seven days so that civil suit could be instituted and interim relief sought from the civil Court. Ejectment order passed by the Courts below shall remain suspended for a period of seven days only.
H . B . T . ----- Eviction stayed.
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