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Initializing Secure Chambers
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Petitioner: ALI MUHAMMAD VS Respondent: ALLAH RAKHAHonorable Justice Muhammad Afzal Zullah
1988 S C M R 1376
1988 S C M R 1376
Present: Muhammad Afzal Zullah and Saad Saood Jan, JJ
ALI MUHAMMAD and another Petitioners
versus
ALLAH RAKHA and 3 others‑‑Respondents
Civil Petition for Leave to Appeal No.410 of 1987, decided on 21st May, 1988.
(On appeal. from the judgment dated 26‑4‑1987 of the Lahore High Court, Lahore, passed in Writ Petition No.1031 of 1985).
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑
‑‑‑S.13‑‑Ejectment‑‑Question of title‑‑Question of fact with regard to the identity and extent of the property involved in the case having been dealt with by the High Court with reference to previous litigation between the parties and judgment of the High Court did not suffer from any infirmity, legal or otherwise‑‑Supreme Court declined interference.
M.A. Manan, Advocate Supreme Court and Mehmood A. Qureshi, Advocate‑on‑Record for Petitioners.
Muhammad Ghani, Advocate Supreme Court and S. Inayat Hussain, Advocate‑on‑Record for Respondents Nos.1 and 2.
Date of hearing: 21st May, 1988.
ORDER
MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought by the landlords in a rent restriction matter. Their petition for ejectment of the respondents‑side was dismissed by the learned Rent Controller on the ground that the relationship of landlord and tenant did not exist. Their appeal and Writ Petition having been dismissed, they have now sought leave to appeal.
2. The learned counsel has raised a question of fact with regard to the identity and extent of the property involved in the case. Same question has been dealt with by the High Court with reference to prev4ous litigation between the parties and has reached at a conclusion affirming the decision of the lower Courts. The High Court's judgment does not suffer from any infirmity legal or otherwise. This petition fails and is accordingly, dismissed.
M.B.A. /A‑243/S Petition dismissed.