1985 PLP 1783 (SCMR)

Abdul Hamid Khan, Advocate Supreme Court assisted by Faizanul Haq, Advocate‑on‑Record for Petitioners. Nemo for Respondent. Date of hearing: 28th November, 1982. ABDUL KADIR SHAIKH, J.‑‑Facts of this case briefly stated are that Muhammad Ishaque respondent claiming to be the owner of premises bearing No. A12603, Market Road, Hyderabad filed an application against Bismillah Transport Company, which according to him was the statutory tenant, on the ground of non‑payment of rent and sub‑letting the premises to Shameem Ahmed who was also joined as a party. Bismillah Transport Company did not contest the proceedings but Shameem Ahmed asserted, in defence, that he was the tenant of Mst. Maqbool Bibi, predecessor‑in‑interest of petitioners Nos. 1 to 5 herein. In view of the aforesaid plea taken by Shameem Ahmed, learned Rent Controller who dealt with the case joined Mst. Maqbool Bibi as a party to the proceedings and framed a preliminary issue whether relationship of landlord and tenant existed between the parties. After considering evidence produced by the parties, learned Rent Controller, by the order, dated 29‑2‑1972, held that there was relationship of landlord and tenant between Muhammad Ishaque and Bismillah Transport Company. He further held that the premises in question were not transferred to Mst. Maqbool Bibi. Later on, learned Rent Controller by the order, dated 27‑5‑1974 directed ejectment of Bismillah Transport Company on the ground for non‑compliance of the tentative order passed by him directing the tenant to deposit rent in Court. No decision was, however, made by the learned Rent Controller whether Shameem Ahmed was an unauthorised occupant. Afterwards, Muhammad Ishaque filed an application for the execution of the ejectment order against Bismillah Transport Company and Mst. Maqbool Bibi, and did not join Shameem Ahmed who was said to be in actual physical possession of the premises. Mst. Maqbool Bibi filed objections in these proceedings claiming herself to be the owner of premises and further that she had already obtained possession of the premises from Bismillah Transport Company which according to her was occupying the premises as her tenant. Learned Rent Controller overruled these objections, and issued writ of possession in favour of Muhammad Ishaque. Mst. Maqbool Bibi's appeal against this order was dismissed by the Additional District Judge, and a second appeal filed by her in Sind High Court was also dismissed by the judgment, dated 2‑9‑1982 with the observations, however, that the "writ of possession issued by the learned Controller cannot be enforced against Shameem Ahmed whose position is of unauthorised occupant". Petitioners Nos. 1 to 5 who are the legal representatives of Mst. Maqbool Bibi and petitioner No. 6 Shameem Ahmed now seek leave to appeal from the judgment of the High Court and Mr. Abdul Hamid Khan, learned counsel appearing for them made the submissions in support of the petition by which what he really seeks is the enforcement of the rights claimed by petitioners Nos. 1 to 5 as owners of the premises in question. Since no findings can be rendered in this behalf in these proceedings, and the relationship of landlord and tenant between Muhammad Ishaque and Bismillah Transport Company was determined by the Rent Controller by the order, dated 29‑2‑1972 which is not under challenge in these proceedings, interference by this Court would not be justified. The petition is, therefore, dismissed. M . I . Petition dismissed.