MOHAMMAD NAWAZ AND 2 OTHERS vs Sh. ABDUL LATIF AND Another — 1971 SCMR 198

Citation: 1971 SCMR 198

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-11-16

Parties: MOHAMMAD NAWAZ AND 2 OTHERS vs Sh. ABDUL LATIF AND Another

Headnotes

Case cited as 1971 SCMR 198

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sajjad Ahmad Jan Title: MOHAMMAD NAWAZ AND 2 OTHERS vs Sh. ABDUL LATIF AND Another Case No.:Civil Petition for Special Leave to Appeal No. 192 of 1970 Civil Revision No. 610 of 1968 Date of Judgment:1970-11-16 Reported As: 1971 SCMR 198 Result: Leave refused Judgment ORDER WAHIDUDDIN AHMAD, J.--The dispute in this case is about a godown which is situated on Water Works Road, Multan City. It belonged to one Miran Khan. On his death, it was inherited by Muhammad Nawaz, Allah Dad Khan and Rab Nawaz his three sons and Mst. Ghulam Aisha his daughter. Mst. Aisha sold her share in favour of Sh. Abdul Latif respondent No. 1 by a registered sale deed on the 31st August 1955, for a sum of Rs. 15,000. The godown was in possession of Muhammad Bashir, a tenant. Muhammad Nawaz, Allah Dad Khan and Rab Nawaz filed an ejectment application under section 13 of the West Pakistan Urban Rent, Control Ordinance for his ejectment. The Rent Controller, Multan, passed an order of his eviction on the ground of subletting and default. Sh. Abdul Latif respondent No. 1 filed a suit for partition against the petitioners and moved an application under section 39, rules 1 and 2, C. P. C. Restraining the petitioners from executing the decree against Muhammad Rafiq who was his brother and was in occupation of the godown as his tenant. The learned Civil Judge, by his order dated the 1st May 1969, dismissed the application on the ground that…

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