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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: WALI MUHAMMAD VS Respondent: MUKHTAR HUSSAIN
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title: WALI MUHAMMAD vs MUKHTAR HUSSAIN Case No.: Civil Petition for Leave to Appeal No, 191-R of 1989 Date of Judgment:1989-05-15 Reported As: 1989 SCMR 1875 Result: Leave granted
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--After hearing both the learned counsel leave to appeal is granted in this rent restriction matter to examine the validity of the ejectment order passed against the petitioner. Inter alia, the following two questions in particular would need further examination:- (a) Whether, in view of the pendency of the appeal proceedings relating to the ownership of the property, in the circumstances of this case, the relationship of landlord and tenant existed between the parties. (b) Whether, this case is not distinguishable from other similar cases of ejectment forthwith on ground of default in payment of rent, after the decision of the issue relating to relationship against the tenant, without further examining the issue relating to default in payment of rent, the distinguishing feature being that it was not an old tenancy under the respondent who was the new purchaser and the default found by the learned Courts below was of very short period, ' The ancillary question requiring examination would be as to whether in case such an issue would have been framed, the petitioner could not have been found entitled to a discretionary relief. ' Order accordingly. Security Rs, 5,000. ' The appeal shall be prepared on present record. Stay order passed on 24-4-1989, shall continue in opration.
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