1985 PLP 477 (SCMR)
ABDUL GHANI — Petitioner Versus Mst. ZUBAIDA BEGUM and others — Respondents
| Citation | 1985 PLP 477 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and M.S.H. Quraishi, JJ |
| Parties | ABDUL GHANI — Petitioner Versus Mst. ZUBAIDA BEGUM and others — Respondents |
| Primary Law | (a) Constitution of Pakistan (1973), Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1985 PLP 477 (SCMR)?
This judgment primarily cites: (a) Constitution of Pakistan (1973), Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1985 PLP 477 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and M.S.H. Quraishi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1985 PLP 477 (SCMR) (ABDUL GHANI — Petitioner Versus Mst. ZUBAIDA BEGUM and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Riazul Hassan Gilani, Advocate Supreme Court and S. Wajid Hussain. Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 23rd August, 1984.
- Syed Riazul Hassan Gilani, Advocate Supreme Court and S. Wajid Hussain. Advocate‑on‑Record for Petitioner.
Headnotes / Summary
(From the judgment of the Lahore High Court, dated 22-3-1983 in Writ Petition No. 7251 of 1980).
Art.185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13--Ejectment on ground of default in payment of rent and personal requirement of landlady--Challenged in Constitutional petition- High Court considering case concluded by findings of fact--Not amenable to interference--Refusal to exercise discretionary Constitutional jurisdiction, held, unexceptionable--Leave to, appeal refused.
Art.185(3)--Provisional Constitution Order (1 of 1981), Art.9- Constitutional jurisdiction--Exercise of--Ejectment of tenant--Case concluded by findings of fact--High Court refusal to exercise discretionary Constitutional jurisdiction, held, unexceptionable--Leave to appeal refused.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑ Leave to appeal has been sought from judgment, dated 22nd March 1983 of the Lahore High Court; whereby a Constitutional petition filed by a tenant, arising out of orders of his* ejectment on ground of default in payment of rent .and personal requirement of the respondent landlady, was dismissed. Although the learned Judge in the High Court dealt with the question of law whether or not a Constitutional writ petition would be a proper remedy in cases like the present one, he considered the case as one concluded by findings of fact. Learned counsel for the petitioner has tried to argue that the plea of misreading/non‑reading of the record, has not been properly considered by the High Court. After hearing the learned counsel we do not find it a fit case for interference with the findings of fact. Refusal of the High Court to exercise its discretionary constitutional jurisdiction is unexceptionable, This petition accordingly is dismissed. M.I. Petition dismissed.