LAHORE vs ABDUL MAJID JUDGMENT Reported As — 1970 SCMR 77

Citation: 1970 SCMR 77

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-08-19

Parties: KHAIR MOHAMMAD vs AIJAZ HUSSAIN

Headnotes

Result: Leave refused Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from an order of a learned Single Judge of the High Court of West Pakistan in a revision under section 115 of the Civil Procedure Code, refusing to interfere with an order of the trial Court, in a pauper application holding that the cause of action sought to be enforced in the plaint filed by the respondent was not barred by limitation.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: KHAIR MOHAMMAD vs AIJAZ HUSSAIN Case No.: Civil Petition for Special Leave to Appeal No. K-46 of 1970 Date of Judgment:1970-08-19 Reported As: 1970 SCMR 77 Result: N/A Judgment ORDER WAHIDUDDIN AHMAD, J.-The dispute between the parties is in respect of house No. C/406, Chital Chawri, Hyderabad. Respondent filed an application before the Rent Controller for the ejectment of the petitioner on the ground that it was reason--able and in good faith required by him for his own use as he was suffering from T. B. The learned Rent Controller by order dated the 19th September 1968, granted the application. This order was also upheld by the Additional District Judge, Hyderabad in Civil Appeal No. 265 of 1969. The matter was then taken to the High Court and Second Rent Appeal No. 122 was dismissed on the 27th April 1970. The High Court held that the property was required reasonably and in good faith by the respondent for his personal use. The High Court, however, did not allow the petitioner to raise the plea that no notice under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act was served upon him. The petitioner seeks permission to file an appeal against the said judgment. The point raised by the learned counsel for the petitioner is a mixed question of fact and law and cannot be allowed to be e raised in these proceedings. There is no force in the petition which…

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