SCMR 1988

1988 PLP 1376 (SCMR)

ALI MUHAMMAD and another Petitioners Versus ALLAH RAKHA and 3 others — Respondents

Jurisdiction / Court
High Court
Decided Date
Civil Petition for Leave to Appeal No.410 of 1987, decided on 21st May, 1988.
Honorable Judges
Muhammad Afzal Zullah and Saad Saood Jan, JJ
Case Reference Summary (AEO Optimized)
Citation 1988 PLP 1376 (SCMR)
Forum / Court High Court
Bench Members Muhammad Afzal Zullah and Saad Saood Jan, JJ
Parties ALI MUHAMMAD and another Petitioners Versus ALLAH RAKHA and 3 others — Respondents
Primary Law West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1988 PLP 1376 (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 1988 PLP 1376 (SCMR)?

The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Saad Saood Jan, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1988 PLP 1376 (SCMR) (ALI MUHAMMAD and another Petitioners Versus ALLAH RAKHA and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Representation

  • M.A. Manan, Advocate Supreme Court and Mehmood A. Qureshi, Advocate-on-Record for Petitioners.
  • Muhammad Ghani, Advocate Supreme Court and S. Inayat Hussain, Advocate-on-Record for Respondents Nos.1 and 2.
  • Date of hearing: 21st May, 1988.
  • M.A. Manan, Advocate Supreme Court and Mehmood A. Qureshi, Advocate‑on‑Record for Petitioners.
  • Muhammad Ghani, Advocate Supreme Court and S. Inayat Hussain, Advocate‑on‑Record for Respondents Nos.1 and 2.

Headnotes / Summary

(On appeal. from the judgment dated 26-4-1987 of the Lahore High Court, Lahore, passed in Writ Petition No.1031 of 1985).

S.13--Ejectment--Question of title--Question of fact with regard to the identity and extent of the property involved in the case having been dealt with by the High Court with reference to previous litigation between the parties and judgment of the High Court did not suffer from any infirmity, legal or otherwise--Supreme Court declined interference.

Judgment & Decree

MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought by the landlords in a rent restriction matter. Their petition for ejectment of the respondents‑side was dismissed by the learned Rent Controller on the ground that the relationship of landlord and tenant did not exist. Their appeal and Writ Petition having been dismissed, they have now sought leave to appeal.

2. The learned counsel has raised a question of fact with regard to the identity and extent of the property involved in the case. Same question has been dealt with by the High Court with reference to prev4ous litigation between the parties and has reached at a conclusion affirming the decision of the lower Courts. The High Court's judgment does not suffer from any infirmity legal or otherwise. This petition fails and is accordingly, dismissed. M.B.A. /A‑243/S Petition dismissed.