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1988 SCMR 1310

ZAHOOR DIN VS MUMTAZ JEHAN

Petitioner: ZAHOOR DIN VS Respondent: MUMTAZ JEHAN

Court: Supreme Court of Pakistan

Full Judgment Text & Judicial Ruling

1988 S C M R 1310

1988 S C M R 1310

Present: Muhammad Afzal Zullah and Saad Saood Jan, JJ

Mian ZAHOOR DIN Petitioner

versus

Mst. MUMTAZ JEHAN and others‑‑Respondents

Civil Petition for Special Leave to Appeal No.416 of 1984, decided on 11th May, 1988.

(On appeal from the judgment, dated 22‑2‑1984 of the Lahore High Court, Lahore, passed in S.A.O. No.612 of 1977).

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑

‑‑‑S.13‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Ejectment‑ Tenant evicted during pendency of petition for leave to appeal as a result of impugned order‑‑Controversy with regard to ownership/title pending in Supreme Court in other matters‑‑field, since no useful purpose would be served by granting leave to appeal, petition dismissed without prejudice to all available pleas to parties in the pending matters.

A.R. Sheikh, Senior Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate‑on‑Record (absent) for Petitioner.

Respondent No.1 in person.

S.M. Masood, Advocate Supreme Court and M.A. Qadri, Advocate‑on‑Record for Respondent No.2.

Date of hearing: 11th May, 1988.

ORDER

MUHAMMAD AFZAL ZULLAH, J.‑‑On an objection by respondents'‑side, the learned counsel stated that although the petitioner stands evicted as a result of the orders impugned in this petition, yet a controversy with regard to ownership/title is pending before this Court in other matters, which are yet to be fixed.

2. After hearing both the sides, we are satisfied that no useful purpose would be served now by granting leave to appeal in this petition. It is, accordingly, dismissed without prejudice to all available pleas to the parties in the matters which, according to the learned counsel, are still pending in this Court.

M.I./Z‑31/S Petition dismissed.

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