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Initializing Secure Chambers
Petitioner: MANZOOR HUSSAIN VS Respondent: Ch. MUHAMMAD NAWAZ and 3 others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title: MANZOOR HUSSAIN vs Ch. MUHAMMAD NAWAZ and 3 others Case No.: Civil Petition for Leave to Appeal No, 392 of 1989 Date of Judgment:1989-06-10 Reported As: 1989 SCMR 2034 Result: Leave refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a sub-tenant, against the dismissal of his Writ Petition by the High Court. 2. Learned counsel has contended that the main tenant having remained away from the proceedings no order against the petitioner could have been passed even if he was adjudged as a sub-tenant. 3. It is an extraordinary plea. If accepted the main tenant would not attend the proceedings and the sub-tenants would get away with ill-gotten gains. This was never the intention of law whether substantive or procedural. 4. Moreover there is an additional factor in this case. When questioned as to what is the position and status of the petitioner in the property in question the counsel answered that he is an "occupant" thereof. He has not taken the position of his being an owner, a trespasser, a tenant or an alienee, in any form. In a recent order we have ruled that a dishonest tenant who wants to retain the possession of a property through illegal means, loses his right to obtain discretionary relief either in writ jurisdiction of the High Court or before the Supreme Court in its discretionary jurisdiction to grant leave to appeal. And indeed this principle would apply to every exercise of discretion elsewhere as well. This rule fully applies to the petitioner also. Leave, in the circumstances of this case, is refused.