MUSHTAQ MIRZA AND Others vs Haji RASHIDUDDIN AND 2 Other — 1971 SCMR 60

Citation: 1971 SCMR 60

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-08-20

Parties: MUSHTAQ MIRZA AND Others vs Haji RASHIDUDDIN AND 2 Other

Headnotes

Case cited as 1971 SCMR 60

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: MUSHTAQ MIRZA AND Others vs Haji RASHIDUDDIN AND 2 Other Case No.:Civil Petitions for Special Leave to Appeals Nos. K-36, K-37 and K-38 of 1970. Date of Judgment:1970-08-20 Reported As: 1971 SCMR 60 Result: Leave refused Judgment ORDER WAHIDUDDIN AHMAD, J.-This order will dispose of Civil petitions for Special Leave to Appeals Nos. K-36, K-37 and K-38 of 1970 in which common question of law is involved. The dispute between the parties is in respect of a building known as Aulia Building, situated at Burns Road, Karachi. The petitioners in all the cases are tenants of the respondents on monthly rent basis. Respondents filed ejectment applications against the petitioners, in May 1965 on the ground of reconstruction of the property in dispute. In the meanwhile, the petitioners fell into arrears of rent and the respondents filed other ejectment applications in December 1965 on the ground of non- payment of rent. These applications were heard by the Third Civil Judge and Rent Controller at Karachi and were allowed on the 29th November 1969. Appeal against this order was dismissed by the Additional District Judge, Karachi on the 16th October 1969. Second Appeal filed in the High Court was dismissed on the 12th January 1970, by a learned Single Judge of the High Court. The petitioners have challenged these orders in these petitions for special leave to appeal. Mr. Abul Fazal Mohammad…

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