Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: SARWAR HASAN KHAN VS Respondent: MUHAMMAD AFZAL AKHTAR
Court Name: Supreme Court of Pakistan Judge(s): Hamid Ali Mirza, Syed Deedar Hussain Shah Title: SARWAR HASAN KHAN vs MUHAMMAD AFZAL AKHTAR Case No.: Civil Petition for Leave to Appeal No,172-K of 2001 Date of Judgment:2002-06-20 Reported As: 2003 SCMR 1671 Result: Leave granted
JUDGMENT
JUDGMENT ' SYED DEEDAR HUSSAIN SHAH, J.---Petitioner seeks leave to appeal against the judgment of High Court of Sindh, Karachi, dated 23-1-2001, passed in F.R.A. No,499 of 1995. 2. The facts, which have already been discussed in the impugned judgment of the High Court, need not be repeated. 3. Learned counsel for the petitioner, inter alia, contended that the impugned judgment is not sustainable in law, as the learned Single Judge in Chambers did not appreciate the facts and law while allowing the appeal of the respondent; and that there is misreading and non-reading of the evidence recorded by the Rent Controller. 4. After hearing and perusing the record, we are convinced that the petitioner has made out a case for grant of leave. Leave is, therefore, granted to consider:-- (1) Whether the learned Single Judge appreciated the law as well as the evidence on record? (2) Whether the respondent is defaulter in payment of rent of the demised premises from 22-7- 1993 to 21-8-1993? And (3) Whether the order of the learned Single Judge is maintainable?