SCMR 1983

1983 PLP 1248 (SCMR)

MUHAMMAD ASLAM-Petitioner Versus SHAUKAT ALI AND ANOTHER-Respondents

Jurisdiction / Court
High Court
Decided Date
Civil Petition No. 442 of 1979, decided on 13th April, 1983.
Honorable Judges
Nasim Hasan Shah and Shafiur Rahman, JJ
Case Reference Summary (AEO Optimized)
Citation 1983 PLP 1248 (SCMR)
Forum / Court High Court
Bench Members Nasim Hasan Shah and Shafiur Rahman, JJ
Parties MUHAMMAD ASLAM-Petitioner Versus SHAUKAT ALI AND ANOTHER-Respondents
Primary Law Constitution of Pakistan (1973)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1983 PLP 1248 (SCMR)?

This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1983 PLP 1248 (SCMR)?

The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and Shafiur Rahman, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1983 PLP 1248 (SCMR) (MUHAMMAD ASLAM-Petitioner Versus SHAUKAT ALI AND ANOTHER-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan (1973)

Representation

  • Muhammad Abdus Saleem, Advocate Supreme Court and M. Aslam, Advocate-on-Record for Petitioners.
  • Nemo for Respondents.
  • Date of hearing : 13th April, 1983.
  • Muhammad Abdus Saleem, Advocate Supreme Court and M. Aslam, Advocate‑on‑Record for Petitioners.

Headnotes / Summary

(On appeal from the judgment, dated 28-5-1979 of the Lahore High Court in S. A. O. No. 20/79/BWP). -- Art. 185(3)-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-Ejectment on ground that petitioner failed to pay rent to person who purchased premises through registered sale-deed from original owner - Petitioner contending that he had in fact purchased property from original owner prior to sale in favour of respondent and he had filed suit for specific performance in civil Court in that behalf-Petitioner failing to tender original document to establish plea of prior purchase-Plea rightly dismissed-Leave to appeal refused.

Judgment & Decree

NASIM HASAN SHAH, J.‑The petitioner has been ordered to be ejected on the ground that he failed to pay the rent to the respondents, who had purchased the premises through a Registered Sale Deed from the original owner. Mr. M. A. Saleem, learned counsel for the petitioner states that the petitioner had, in fact, purchased the property from the original owner prior to its sale in favour of the respondents and that he had filed a suit for specific performance in the civil Court in this behalf. Unfortunately, he is not in a position to intimate us to the fate of this suit although it was filed as far back as 1978. As for the plea of prior purchase, taken before the Rent Controller the same was rightly dismissed on the ground that the petitioner had failed to tender the original document in Court, to establish this plea. M. Z. M. Appeal dismissed.