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Petitioner: GHULAM AHMAD BUTT VS Respondent: MUHAMMAD ILYAS BUTT through Legal Heirs
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Arif, Raja Afrasiab Khan, Sh. Riaz Ahmad Title: GHULAM AHMAD BUTT vs MUHAMMAD ILYAS BUTT through Legal Heirs Case No.: Civil Petition for Leave to Appeal No.1985-L of 1999 S.A.O. No.144 of 1999 Date of Judgment:1999-12-28 Reported As: 2000 SCMR 1019 Result: Petition dismissed
Judgment ORDER ' RAJA AFRASIAB KHAN, J.---On 17-9-1995, the respondent, Muhammad Ilyas Butt (now deceased) instituted an application for eviction of petitioner Ghulam Ahmad Butt from Shop No.1 of Property No.NE-IXI-S-21, Akbar Road, Kachhupura, Lahore on the ground that he purchased the property through registered sale-deed on 27-9-1993. The petitioner was already a tenant under the previous owner. Thus, he became a tenant of the rest as well. The petitioner did not pay rent to the respondent since 1-2-1995. The property was also required by the respondent for his personal use. The application was allowed by the Rent Controller, Lahore vide his judgment, dated 30-9-1998. Appeal of the petitioner was dismissed by an Additional District Judge, Lahore on 15-5-1999. S.A.O. No.144 of 1999 having been instittued by the petitioner was dismissed by the Lahore High Court, Lahore vide impugned, judgment, dated 5-11-1999. This is a petition for leave to appeal against the impugned judgment. 2. After hearing the learned counsel for the petitioner and perusing the record, we hold the view that a concurrent finding of fact has been recorded by the forums below. Learned counsel has not been able to point out any misreading or non-reading of evidence available on record. A substantial justice has been done by the forums below. However, in the interest of justice, six months' time is given to the petitioner to hand over the vacant possession of the premises to the respondent subject to his continuously paying the rent to the respondent. He shall hand over the vacant possession of the property to the respondent on or before 28-6-2000 failing which he shall be ousted from the premises without notice with the aid of the Police. ' With this observation, there is no substance in the petition which is dismissed and leave to appeal is refused.