ANWAR HUSSAIN ZAIDI vs ATTA UR RAHMAN AND 2 Other — 1972 SCMR 350

Citation: 1972 SCMR 350

Court: Supreme Court of Pakistan

Year: 1967

Decision Date: 1967-02-16

Parties: ANWAR HUSSAIN ZAIDI vs ATTA UR RAHMAN AND 2 Other

Headnotes

Case cited as 1972 SCMR 350

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Dr. Sheikh Abdul Rahman, Muhammad Yaqub Ali Khan Title: ANWAR HUSSAIN ZAIDI vs ATTA UR RAHMAN AND 2 Other Case No.: Civil Appeal No. 6 of 1965 Writ Petition No. 444 of 1961 Date of Judgment:1967-02-16 Reported As: 1972 SCMR 350 Result: Appeal dismissed JUDGMENT JUDGMENT S. A. RAHMAN, J.-This appeal by special leave arises out of the following facts. Quarter No. 214/13, Rahmanpura Colony, Lahore, was given on hire-purchase system to the first respondent, Atta-ur-Rahman, by the Rehabilitation authorities. An agreement was executed between the parties. There was a clause in that agreement forbidding the respondent from subletting the premises. He is alleged to have contravened that condition and, consequently, the departmental authorities cancelled the allotment in his favour and allotted the Quarter in question to the appellant. It may be mentioned that the appellant was the person to whom the res-- pondent is said to have sub let the premises. The respondent appealed to the Board of Revenue, who appear to have made over his appeal for disposal to the D. R. C. The latter officer refused to interfere with the cancellation of the hire-purchase agreement and the respondent then moved the High Court of West Pakistan -in writ jurisdiction for redress. The High Court took the view that there was no penalty prescribed in the agreement itself for the violation of the clause against subletting. The departmental order…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.