CHANAN DIN vs GULZAR MUHAMMAD KHAN AND ANOTHER Case No — 1970 PLD 94

Citation: 1970 PLD 94

Court: Peshawar High Court

Year: 1969

Decision Date: 1969-12-31

Parties: CHANAN DIN vs GULZAR MUHAMMAD KHAN AND ANOTHER

Headnotes

Result: Appeal dismissed JUDGMENT JUDGMENT SHAH ZAMAN BABAR, J.-This is a letters paten, appeal from the judgment of Mr. Justice Mian Shakirullah Jan, the then Judge of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated 10-11-1967 and 11-12-1967 respectively, holding the appeal of Chanan Din appellant to have abated and rejecting the application of the appellant for set--ting aside the abatement.

Judgment Text

Court Name: Peshawar High Court Judge(s): Qaisar Khan, Shah Zaman Babar Title: CHANAN DIN vs GULZAR MUHAMMAD KHAN AND ANOTHER Case No.: Letters Patent Appeal No. 33 of 1967 Date of Judgment:- Reported As: PLD 1970 Peshawar 94 Result: Appeal dismissed JUDGMENT JUDGMENT SHAH ZAMAN BABAR, J.-This is a letters paten, appeal from the judgment of Mr. Justice Mian Shakirullah Jan, the then Judge of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated 10-11-1967 and 11-12-1967 respectively, holding the appeal of Chanan Din appellant to have abated and rejecting the application of the appellant for set--ting aside the abatement. 2. Relevant facts leading to this letters patent appeal in belief are that Mushtaq Muhammad Khan (now dead and represented by his L. Rs.) filed an application in the Court of Rent Controller Campbellpur against Chanan Din under the West Pakistan, Rent Restriction Ordinance, 1959 (hereinafter called the Ordinance) for ejectment from the shop situated in Campbellpur. The application was dismissed by order of the Rent Controller, dated 11-1-1966. Mushtaq Muhammad Khan took appeal to the Court of District Judge, Campbellpur, against this order. The appeal was accepted by order, dated 19-5-1966 and the respondent (Chanan Din) was directed to put the petitioner (Mushtaq Muhammad Khan) in possession of the disputed shop by the end of June 1966. Chanan Din challenged this appellate order in second appeal in the High Court which came up for final hearing…

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