1987 PLP 654 (SCMR)
MUHAMMAD UMAR‑‑Petitioner Versus THE BOARD OF REVENUE Respondent
| Citation | 1987 PLP 654 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Abdul Kadir Shaikh, S. A. Nusrat, and Zaffar Hussain Mirza, JJ |
| Parties | MUHAMMAD UMAR‑‑Petitioner Versus THE BOARD OF REVENUE Respondent |
Q1: What are the key laws and sections cited in 1987 PLP 654 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 654 (SCMR)?
The case was heard and decided by the High Court bench comprising: Abdul Kadir Shaikh, S. A. Nusrat, and Zaffar Hussain Mirza, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 654 (SCMR) (MUHAMMAD UMAR‑‑Petitioner Versus THE BOARD OF REVENUE Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Ameer Ahmad Khan, Advocate‑on‑Record for Petitioner.
- Fazle Ghani, Advocate Supreme Court and M.S. Ghaury, Advocate‑on‑Record for Respondent.
- Date of hearing: 10th December, 1985.
Headnotes / Summary
(On appeal from the order of the High Court of Sind, Karachi, dated 15th April, 1985 in Constitutional Petition No.160 of 1985). Constitution of Pakistan (1973)‑‑ ‑‑‑Arts. 185(3) & 199‑‑West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 & 15‑‑Ejectment on ground of non‑payment of rent by tenant‑‑Pleas raised on behalf of petitioner‑tenant already rightly rejected by High Court for sound principles of law‑‑No scope found for interference‑‑Leave to appeal refused.
Judgment & Decree
Ameer Ahmad Khan, Advocate‑on‑Record for Petitioner. Fazle Ghani, Advocate Supreme Court and M.S. Ghaury, Advocate‑on‑Record for Respondent. Date of hearing: 10th December, 1985. ABDUL KADIR SHAIKH, J.‑‑This is a petition for leave to appeal from the judgment of a Division Bench of Sind High Court dated 15‑4‑1985 dismissing a Constitution Petition filed by the petitioner. Facts of the case briefly narrated are that petitioner is a tenant in respect of premises bearing City Survey No.139, Ward 'B', Shahi Bazar, Hyderabad. The property was transferred by the Settlement Department to Haji Islamuddin, respondent herein, in an auction held on 22‑12‑1960 and subsequently P.T.O. was issued to the auction purchaser on 5‑10‑1964. He afterwards on 14‑9‑1968 filed an ejectment application against the petitioner on the ground of non‑payment of rent which was allowed by the Rent Controller. In these proceedings petitioner, inter alia, contended that the property in question being an evacuee trust property should not be transferred to Haji Islamuddin but this plea was rejected by the Rent Controller. Petitioner's appeal against the order of the Rent Controller was dismissed by the Sind High Court by the judgment dated 23‑10‑1984 and his petition for leave to appeal, being C.P.S.L.A. No.537‑K of 1984, was also dismissed. Petitioner then took up a second round of litigation by filing a petition before Chairman, Evacuee Trust Property Board for declaration that the property being an evacuee trust property could not be transferred by the Settlement Department to Haji Islamuddin, but this petition was also rejected. It was in these circumstances that petitioner filed the constitutional petition in Sind High Court which was dismissed as stated earlier. After having heard the learned counsel for the petitioner in the light of the record we hardly find any scope for interference by this Court, for all the pleas raised by the learned counsel have been rejected by the learned Judges of the Division Bench for sound principles of law with which we entirely agree. The petition is, therefore, dismissed. S.Q./M‑19/S Leave refused.