2008 PLP 875 (SCMR)
PATHAN MOLE — Petitioner Versus Moulvi MUHAMMAD ISHAQUE and others — Respondents
| Citation | 2008 PLP 875 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Moosa K. Leghari and Zia Perwez, JJ |
| Parties | PATHAN MOLE — Petitioner Versus Moulvi MUHAMMAD ISHAQUE and others — Respondents |
| Primary Law | Sindh Rented Premises Ordinance (XVII of 1979) |
Q1: What are the key laws and sections cited in 2008 PLP 875 (SCMR)?
This judgment primarily cites: Sindh Rented Premises Ordinance (XVII of 1979) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 875 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Moosa K. Leghari and Zia Perwez, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 875 (SCMR) (PATHAN MOLE — Petitioner Versus Moulvi MUHAMMAD ISHAQUE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----Ss.2(f)(j), 15(2)(ii) & 21---Constitution of Pakistan (1973), Art.199---Relationship of landlord and tenant---Default in payment of rent--Ejectment application was allowed concurrently by the Rent Controller and Appellate Court below and constitutional petition filed by tenant/petitioner against said concurrent judgment was also dismissed by the High Court---Counsel for petitioner had conceded that petitioner had no case for interference and only prayed for grant of some time to petitioner to vacate the premises---Rent proceedings commenced in the year 2000 and petitioner had entangled respondent in litigation for almost eight years---No reasonable justification was available for grant of further time to the petitioner---Request made on behalf of petitioner being unjustified, was declined---Leave to appeal was refused.
- Akhlaq Ahmed Siddiqui, Advocate-on-Record for Petitioner.
Headnotes / Summary
(On appeal against the order, dated 14-12-2007 passed by High Court of Sindh, Karachi in Constitutional Petition No.S-304 of 2005). Nemo for the State.
Judgment & Decree
MUHAMMAD MOOSA K. LEGHARI, J.
The judgment of High Court of Sindh, Karachi, dated 14-12-2007 has been assailed through this petition for leave to appeal. The ejectment application filed by the respondent was allowed by learned Rent Controller on the ground that there exists relationship of landlord and tenant between the parties and that the opponent has committed default in payment of rent. The appeal filed by the petitioner/tenant was dismissed. The constitutional petition filed by the petitioner challenging the orders passed by the Courts below also met with the same fate, hence this petition.
2. The perusal of the judgment reveals that the petitioner has admitted that Madressah Mazharul Uloom Association, viz. respondent No.1, was the landlord while petitioner was the tenant of the demised premises. Learned Rent Controller after discussing evidence on record concluded that the petitioner has defaulted in payment of rent. The above findings were affirmed by the Appellate Court and the High Court declined to take a different view.
3. Learned counsel for the petitioner has been heard for quite some time. He had to concede that the petitioner has no case for interference by this Court. He, however, prayed for grant of some time to the petitioner to vacate the premises. We find from the record that the rent proceedings commenced in the year 2000 and that the petitioner has entangled respondent No.1/landlord in litigation for almost eight years.
4. In the given circumstances, there is no reasonable justification for grant of further time to the petitioner. The request made on behalf of the petitioner being unjustified is, therefore, declined. The petition is accordingly dismissed and leave refused. H.B.T./P-3/SC Leave refused.