Sheikh MUHAMMAD AMIN vs MUHAMMAD SHARIF — 1970 SCMR 326

Citation: 1970 SCMR 326

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-01-26

Parties: Sheikh MUHAMMAD AMIN vs MUHAMMAD SHARIF

Headnotes

Case cited as 1970 SCMR 326

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: Sheikh MUHAMMAD AMIN vs MUHAMMAD SHARIF Case No.:Civil Petition for Special Leave to Appeal No. 1 of 1970 Writ Petition No. 374 of 1969 Date of Judgment:1970-01-26 Reported As: 1970 SCMR 326 Result: Leave Refus Judgment ORDER MUHAMMAD YAQUB ALI, J.-The learned counsel concedes that the Rent Controller has the jurisdiction to determine whether the relationship of landlord and tenant exists between the parties, but contends that the learned Judges in the High Court have in accepting the writ petition moved by the respondent against the order of the Rent Controller . Recorded a positive finding that the petitioner was a tenant under the respondent though the issue had yet to be determined by the Rent Controller. A perusal of the record shows that the learned Judges were seized with the issue whether the proceedings in the application for the ejectment of the petitioner under section 13. Of the West Pakistan Rent Restriction Ordinance, 1958, were lawfully stayed sine die pending the decision of the civil suit filed by the petitioner disputing the validity of the sale deed under which the respondent claimed to have purchased the rights of the petitioner's lesser. The observations made by the learned Judges are, however, confined to the legality of the stay order by the Rent Controller and do not dispose of finally the issue whether the petitioner was a tenant under the respondent or…

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