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Petitioner: Messrs ILAM DIN ABDUL REHMAN KARYANA MERCHANTS, Represented By Abdul Sattar And Another VS Respondent: Master SARDAR ELAHI
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain, M. S. H. Qureshi Title:Messrs ILAM DIN ABDUL REHMAN KARYANA MERCHANTS, Represented By
Abdul Sattar And Another vs Master SARDAR ELAHI Case No.: Civil Petition No. 881 of 1981 Date of Judgment:1985-06-04 Reported As: 1985 SCMR 1914 Result: Leave granted Judgment ORDER M.S.H. QURAISHI, J.--Respondent Master Sardar Elahi claiming to be transferee of the property in question by auction and to have duly served notice of transfer on the petitioner, instituted gin ejectment proceeding against the petitioner which was dismissed by the Rent Controller upon the finding that the disputed property had not been transferred to him and that the petitioner having come into possession of the property after the date of the transfer, there was no statutory tenancy between him and the respondent. The findings were upheld in first appeal but in second appeal a learned Single Judge of the High Court held in pars. 5 of his `Judgment that the property in question had been transferred to the respondent. However, as the petitioner was found to have come into possession of the property in 1961-62 and there being no agreement of tenancy between the parties, the High Court agreed that there was no relationship, statutory or contractual, of landlord and tenant between the parties and that the ejectment application was not maintainable and had been rightly dismissed. 2. Although the respondent's application had thus ultimately failed but the petitioner's grievance is that the question of title to the property which had been concluded by a concurrent finding of fact by the first to forums, ought not to have been disturbed by the High Court in second appeal and that the finding recorded by the High Court is bound to affect the case of the petitioner whose form for transfer of the property in his favour was still pending. 3. After hearing learned counsel for the parties, we grant leave to appeal. Security Rs.1,000, The appeal shall be heard in the week commencing on 22-6-1985 on the present record with permission to file fresh documents if any.