ABDUL SALAM vs SHARIF AHMAD AND Another — 1971 SCMR 596

Citation: 1971 SCMR 596

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-08-25

Parties: ABDUL SALAM vs SHARIF AHMAD AND Another

Headnotes

Case cited as 1971 SCMR 596

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: ABDUL SALAM vs SHARIF AHMAD AND Another Case No.: Civil Petition for Special Leave to Appeal No. K-84 of 1971 L. P. A. No. 101/1971 Date of Judgment:1971-08-25 Reported As: 1971 SCMR 596 Result: Leave refused Judgment ORDER WAHEEDUDDIN AHMAD, J.-The dispute between the parties is in respect of property bearing Survey No. R. C. 12/97, tenement No. G-I, which was transferred to respondent No. 1 on the 16th April 1961 by the Settlement Department. The respondent No. 1 filed an ejectment application under section 13(2) of the West Pakistan Urban Rent Restriction Ordinance, 1959 against respondent No. 2 oily on the ground of non-payment of rent and sub-letting. The petitioner filed an application under Order I, rule 10, C. P. C. And claimed that he may be joined as a party in the proceedings. This application was rejected on the 11th January 1967. The learned Rent Controller held that the petitioner is not a proper party. The petitioner filed an appeal against this order in the High Court of Sind and Baluchistan, Karachi which was dismissed on the 13th April 1970 on the ground that subsection (4) of section 15 is complimentary to sub--section (1) of section 15 and no appeal lay from the impugned order. The matter was then taken before the Letters Patent Bench in L. P. A. No. 101 of 1970 and a Division Bench of the High Court of Sind and Baluchistan, Karachi dismissed it on the 29th…

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