1990 PLP 472 (SCMR)
GHAZANFAR ALI and another‑‑Petitioners Versus FIDA HUSSAIN and 2 others‑‑Respondents
| Citation | 1990 PLP 472 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and S. Usman Ali Shah, JJ |
| Parties | GHAZANFAR ALI and another‑‑Petitioners Versus FIDA HUSSAIN and 2 others‑‑Respondents |
| Primary Law | West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 472 (SCMR)?
This judgment primarily cites: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 472 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and S. Usman Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 472 (SCMR) (GHAZANFAR ALI and another‑‑Petitioners Versus FIDA HUSSAIN and 2 others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Asghar Hussain Sabazwari, Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 26th June, 1989.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, Rawalpindi Bench, dated 12‑3‑1988, passed in C. R. No.51‑D of 1988). ‑‑‑S.13‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Ejectment of tenant‑‑ Order of ejectment maintained by all the Courts below‑‑‑Legality‑‑‑Point involved in petition stood concluded on question of fact by three Courts below which suffered from no infirmity‑‑‑‑Tenant failed to show any error of law or point out any mistake in the appraisal of evidence on record‑‑‑Petition being without merit was dismissed.
Judgment & Decree
‑‑‑S.13‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Ejectment of tenant‑‑ Order of ejectment maintained by all the Courts below‑‑‑Legality‑‑‑Point involved in petition stood concluded on question of fact by three Courts below which suffered from no infirmity‑‑‑‑Tenant failed to show any error of law or point out any mistake in the appraisal of evidence on record‑‑‑Petition being without merit was dismissed. Syed Asghar Hussain Sabazwari, Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioners. Nemo for Respondents. Date of hearing: 26th June, 1989. S. USMAN ALI SHAH, J.‑‑This is a petition for leave to appeal against the order of the learned Single Judge of the Lahore High Court, Rawalpindi Bench, Rawalpidi, dated 12‑3‑1988, dismissing the civil revision fled by the petitioners against the order dated 9‑2‑1988 of the Addl. District Judge, who affirmed the ejectment order passed by the Senior Civil Judge, vide, his order dated 10‑10‑1987 on the ejectment suit filed by the respondents against the. petitioners from a Shop Unit No.699, situated in Abpara Market, Islamabad. The facts of the case in detail are given in the plaint. The learned counsel for the petitioners urged before us that Zafar Ali alongwith Khalid Iqbal were not party to the litigation and were in occupation of the shop in dispute and thus the suit is badly hit by non‑joinder of the necessary parties. A perusal of the record will show that Zafar Ali brother of the petitioner was neither a tenant under the agreement of the respondents nor any reply to the notice issued to the petitioners was sent with respect to the respondents landlords. The respondents after the purchase of the property in dispute, were under obligation to serve notice on the occupants which they have already issued to the petitioners. The point involved in this case stands concluded on question of facts by the three Courts below which suffer from no infirmity and the learned counsel for the petitioners has not been able to show any error of law or point out any mistake in the appraisal of the evidence on record. This petition is without any merit and accordingly, is dismissed. A.A./G‑210/S Petition dismissed.