DR. HABIBUR RAHMAN vs MD. MANSUR AND Another Case No — 1970 SCMR 882

Citation: 1970 SCMR 882

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: DR. HABIBUR RAHMAN vs MD. MANSUR AND Another

Headnotes

Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN; C. J.-This is a petition for special leave to appeal from a judgment of a learned Single Judge of the High Court of East Pakistan in a revision petition under section 25 of the Provincial Small Cause Courts Act, 1887.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman Title: DR. HABIBUR RAHMAN vs MD. MANSUR AND Another Case No.:Civil Petition for Special Leave to Appeal No. 50-D of 1970 Civil Revision JUDGMENT Reported As: 1970 SCMR 882 Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN; C. J.-This is a petition for special leave to appeal from a judgment of a learned Single Judge of the High Court of East Pakistan in a revision petition under section 25 of the Provincial Small Cause Courts Act, 1887. The respondent herein claiming to have acquired the ownership of the property in dispute under a registered deed of lease (Exh. 4) executed in his favour, by the Shebait of a Debuttor Estate, sought to evict the petitioner there from, upon the allegation that he was a monthly tenant under the plaintiff who had defaulted in paying rents for a long time and had sub-let a part of the premises without any permission of the plaintiff. A notice under section 106 of the Transfer Property Act had also been duly served upon him on the 11th of March 1967, to quit and vacate the premises by the end of the month of March 1967 but the defendant was not doing so. The petitioner contested the suit and alleged that no relationship of landlord and tenant existed between him and the respondent. The suit premises, it was said, originally belonged to a Hindu Deity and the defendant had been possessing the same as a lessee under the Shebait of the Deity since 1951 on…

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