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Initializing Secure Chambers
Petitioner: GHULAM MUHAMMAD and others VS Respondent: AMIR NAWAB KHAN and others
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Muhammad Afzal Zullah Title: GHULAM MUHAMMAD and others vs AMIR NAWAB KHAN and others Case No.: Civil Petition No, 140-P of 1988 Date of Judgment:1988-10-15 Reported As: 1989 SCMR 74 Result: Petition dismissed
Judgment ORDER ' GHULAM MUJADDID, J.--The petitioners seek leave to appeal against the judgment of Peshawar High Court dated 11-7-1988 whereby their Constitutional petition was dismissed in limine and the order passed by the District Judge, Malakand, dated 28-2-1988, was upheld. ' Rent Controller, Malakand at Batkhela by order dated 16-2-197 ordered ejectment of the petitioners. This was an ex parte order. Petitioners welt in appeal before the District Judge who thoroughly examined the entire matter and ultimately came to the conclusion that there was no justification to set aside the ex parte order especially when the appeal before him was also barred by time I and the delay had not been properly explained. This order was upheld by the Peshawar High Court. ' Learned counsel for the petitioners was unable to advance any effective argument to justify interference in the impugned judgment of Peshawar High Court. It is not a fit case for leave.