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Civil Petition No. 1027 of 1985, decided on 21st December, 1985.
(On appeal from the judgment, dated 22‑9‑1985 of the Lahore High Court, Lahore in Writ Petition No. 3853 of 1985).
---Art. 185(3) West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13 Ejectment order impugned in writ petition---Petitioner who was nephew and business partner of tenant applied for being impleaded as a party writ petition as also petitioner s application failed---Petitioners objection petition in execution proceeding also rejected right upto High Court Leave to appeal Supreme Court agreed with view of District Judge that petitioner attempt to cling to property could not be upheld and that his objection petition was mala leave to appeal refused.
M. Iqbal, Advocate Supreme court with Tanvir Ahmed Advocate-on-Record for petitioner.
Nemo for Respondents.
Date of hearing: 21st December, 1985.
‑‑The facts, which form the background, are that M.M. Zahid, respondent No. 1, filed an ejectment petition for ejectment of Zia Ullah respondent No. 2 from Shop No. 25, McLeod Road, Lahore on 3‑10‑1979. The said ejectment petition was accepted by the learned Rent Controller, vide order, dated 11‑1‑1984. The said order was questioned by an appeal before the Additional District Judge by Zia Ullah dismissed on 9‑7‑1984. Zia Ullah then filed Court (Writ Petition No. 3835 of 1984), on 29‑8‑1984. During the pendency of this writ petition, the petitioner herein (Wafa Ullah) submitted an application under Order I, rule 10, C.P.C. on 13‑5‑1985 for being impleaded as a party in the said writ petition. Wafa Ullah is a nephew of Zia Ullah and both were conducting business in the shop as partners. The High Court dismissed the writ petition of Zia Ullah on 27‑5‑1985 and also rejected the application of Wafa Ullah to be made a party in that writ petition.
2. The landlord, M.M. Zahid, then started execution proceeding in order to secure vacant possession of the shop. In these proceedings, Wafa Ullah submitted an objection petition that he was in possession of the disputed property in his own right and could not be evicted under the ejectment order passed against Zia Ullah. This objection petition was rejected by the Executing Court. He then filed an appeal against that order before the Additional District Judge, Lahore, who in a detailed and elaborate order, upheld the order of the Executing Court but gave four months' time to him to put landlord in possession of the premises. The said order of the learned Additional District Judge was challenged through a writ petition in the High Court which failed. Hence this petition for leave to appeal in this Court.
3. We have heard Mr. M. Iqbal, learned counsel for the petitioner at great length in support of this petition.
4. We agree with the view of the learned Additional District Judge that the attempt of Wafa Ullah (petitioner herein) to cling to the property cannot be upheld and that his objection petition was mala fide.
5. There is no force in this petition which is dismissed hereby.
M . I . Petition dismissed.
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