Malik GHULAM HUSSAIN vs Haji MUHAMMAD HAYAT — 1970 SCMR 60

Citation: 1970 SCMR 60

Court: Supreme Court of Pakistan

Year: 1967

Decision Date: 1967-10-05

Parties: Malik GHULAM HUSSAIN vs Haji MUHAMMAD HAYAT

Headnotes

Case cited as 1970 SCMR 60

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Alvin R. Cornelius, Fazal-e-Akbar Title: Malik GHULAM HUSSAIN vs Haji MUHAMMAD HAYAT Case No.:Civil Petition for Special Leave to Appeal No. 371 of 1967 Second Appeal No. 34 of 1966 Date of Judgment:1967-10-05 Reported As: 1970 SCMR 60 Result: Leave granted Judgment ORDER CORNELIUS, C. J.-A point of law arises in this case, viz. Whether in second appeal against an order of a - Rent Controller made in a petition for ejectment of a tenant, the High Court has exercised discretion in accordance with judicial principle, in reduc--ing to Rs. 20 per month, the rent of the property in question, which had been claimed at Rs. 120 per month by the landlord, had been fixed at Rs. 80 per month by the Rent Controller (tentatively, but it became permanent due to subsequent default of compliance by the tenant) and had been reduced to Rs. 50 per month in appeal by a District Judge. There are objections raised to the grant of leave, on behalf of the landlord. Viz. :---- (1) that by the force of section 30, Displaced Persons (Compensation and Rehabilitation) Act, the terms and condi--tions prior to transfer, are unsuitable and (2) the order against which leave to appeal is sought being by a single Judge, an appeal was competent within the High Court; under the Letters Patent. These are also questions of law, requiring decision. We grant leave to appeal as prayed. Security Rs: 1,000. Costs of this petition will be costs in the appeal. --- ##…

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