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Writ Petition No.355 of 1980/ BWP: decided on 6th June, 1987.
---Ss.13 & 15--Constitution of Pakistan (1973), Art.199 Ejectment on ground of non-payment of rent--Landlord and tenant, relationship of--Order of ejectment passed by Rent Controller challenged in appeal--District Judge holding that respondents were not tenants under the petitioner and dismissing his ejectment petition--No mala fides found in order or in proceedings before District Judge--Contention, raised on behalf of petitioner pertaining to facts which were determined without any misreading by a Court of competent jurisdiction--No exception, held, could be taken to the order nor the same could be declared to be illegal, void or without lawful authority--Petitioner's second appeal in another case already dismissed by High Court holding that petitioner was not owner of the quarter in dispute--Petition being without any merit dismissed.
Mian Allah Nawaz for Appellant.
Respondent No.2 in person.
Muhammad Shamsher Iqbal Chughtai for Respondent No.5.
Date of hearing: 6th June, 1987.
Kh.Mumtaz Hussain petitioner filed a petition against Muhammad Shafi, predecessor- in-interest of respondents Nos. 2 to 4, for his ejectment from Quarter No.20 Baghi Khana, Bahawalpur. Muhammad Shafi died during pendency of the suit for ejectment. His legal heirs were impleaded as party. The learned Rent Controller vide the order dated 6-12-1979 accepted the ejectment petition and directed Sabir Farhat and his sisters to vacate the quarter in dispute. The order of ejectment was challenged by Sabir Farhat and others before the District Judge Bahawalpur who vide the impugned order dated 17-7-1980 accepted their appeal and dismissed the ejectment petition filed by Mumtaz Hussain. It was held by the learned District Judge that respondents were not tenants under Mumtaz Hussain petitioner.
2. In support of this petition it is contended that Mumtaz Hussain petitioner was owner of Quarter No.20 which was in occupation of Sabir Farhat etc., respondents Nos.2 to 4 and that they were liable to be ejected on account of non-payment of rent. Firstly, the impugned order was passed by a Court of competent jurisdiction. No mala fides in the impugned order or in the proceedings before the learned District Judge Bahawalpur were alleged. The contention raised on behalf of the petitioner pertains to facts which were determined without any misreading by a Court of competent jurisdiction. As such no exception can be taken to the impugned order nor the same can be declared to be illegal, void or without lawful authority. Secondly, I have today dismissed R.S.A. No.23 of 1985 filed by Kh.Mumtaz Hussain against Brig. Muhammad Abbas Khan Abbasi and another. It has been held in that appeal that Kh.Mumtaz Hussain petitioner was not owner of Quarter No.20 and that the said quarter was owned by Brig. Muhammad Abbas Khan Abbasi and in possession of Sabir Farhat as tenant of the Amir of Bahawalpur.
In view of the above there is no merit in this petition which is accordingly dismissed, with no orders as to costs.
S . Q. / M-367/ L Petition dismissed.
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