1989 PLP 1793 (SCMR)
Mst. SHARIFAN and others Petitioners Versus ABDUL JABBAR KHAN and others Respondents
| Citation | 1989 PLP 1793 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Javid lqbal, Ghulam Mujaddid and Saad Saood Jan, JJ |
| Parties | Mst. SHARIFAN and others Petitioners Versus ABDUL JABBAR KHAN and others Respondents |
| Primary Law | Cantonments Rent Restriction Act (XI of 1963) |
Q1: What are the key laws and sections cited in 1989 PLP 1793 (SCMR)?
This judgment primarily cites: Cantonments Rent Restriction Act (XI of 1963) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1793 (SCMR)?
The case was heard and decided by the High Court bench comprising: Javid lqbal, Ghulam Mujaddid and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1793 (SCMR) (Mst. SHARIFAN and others Petitioners Versus ABDUL JABBAR KHAN and others Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khalid Farooque Oureshi, Advocate Supreme Court` instructed by Ejaz Ahmad Khan, Advocate‑on‑Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 9th April, 1989.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, Multan Bench, Multan, dated 13th December, 1988 in F.A.O. No.27 of 1988). ‑‑‑S.17‑‑Ejectment‑‑Previously an ejectment petition was moved on the ground of default but the same was withdrawn because the rent was increased and new tenancy was created where under the petitioners were not to be ejected and that the future dispute was to be referred to Panchayat‑‑Petitioner was defaulter even after the rent was increased and previous ejectment petition was withdrawn‑ Another ejectment petition was filed‑‑Rent Controller as well as High Court found that petitioners were defaulters‑‑Leave to appeal against order of the High Court was refused.
Judgment & Decree
JAVID IQBAL, J.‑‑This petition for leave to appeal is directed against the judgment of the Lahore High Court, Multan Bench, dated 13th December, 1988 whereby F.A.O. of the petitioners was dismissed. Briefly the facts are that the respondents filed an ejectment petition against their tenant Shaukat Ali predecessor‑in‑interest of the petitioners in respect of the disputed shop owned by them on the ground of non‑payment of rent, and impairing the value of the property. The original tenant died during the pendency of the eviction petition and consequently his legal representatives i.e. the present petitioners were brought on the record. The petition was resisted. After hearing the parties the Rent Controller held that the predecessor‑in -interest of the petitioners was a defaulter and thus allowed the ejectment petition of the respondents. The F.A.O. of the petitioners against their ejectment order, as stated above was dismissed. Hence the present petition. Learned counsel for the petitioners attempted to argue before us that the petitioners were wrongly considered as defaulter, that previously an ejectment petition was moved in 1978 as against the predecessor‑in‑interest of the petitioners on the ground of default but it was withdrawn because the rent was increased and new tenancy was created where under the petitioners were not to be ejected and that the future dispute was to be referred to Panchayat. But contrary to this undertaking the respondents brought another ejectment application on the ground of default. We have perused the impugned judgment with the assistance of the learned counsel. Even after the rent was increased and the previous ejectment petition was withdrawn the petitioners were defaulters and, therefore, subsequent ejectment petition was filed. The findings of fact of the Court of the Rent Controller as well as High Court are that the petitioners were defaulters. In that view of the matter it is not a fit case for the grant of leave. The petition is accordingly dismissed. M.A.K./S‑302/S Petition dismissed.