1990 PLP 788 (SCMR)
AKBAR ALI‑‑Petitioner Versus Malik NAVIDUL ZAFAR, ADDITIONAL DISTRICT JUDGE,
| Citation | 1990 PLP 788 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Shafiur Rahman and Saad Saood Jan, JJ |
| Parties | AKBAR ALI‑‑Petitioner Versus Malik NAVIDUL ZAFAR, ADDITIONAL DISTRICT JUDGE, |
| Primary Law | West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 788 (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 788 (SCMR)?
The case was heard and decided by the High Court bench comprising: Shafiur Rahman and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 788 (SCMR) (AKBAR ALI‑‑Petitioner Versus Malik NAVIDUL ZAFAR, ADDITIONAL DISTRICT JUDGE,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Khalilur Rahman, Advocate Supreme Court and Abul Aasim Jafri, Advocate‑on‑Record for Petitioner:
- Nemo for Respondents.
- Date of hearing: 29th July, 1989.
Headnotes / Summary
(From the order dated 30‑4‑1989 of the Lahore High Court, Lahore in W.P. 2176 of 89). ‑‑‑S.15‑‑‑Constitution of Pakistan (1973)‑‑‑Art. 185 (3)‑‑‑Leave to appeal‑‑ Finding of Appellate Court below that landlord failed to establish subletting against tenant, arrived at after reappraising evidence on record did not suffer from any infirmity‑‑‑Such finding, held, was rightly upheld by High Court in exercise of Constitutional jurisdiction.
Judgment & Decree
SAAD SAOOD JAN, J‑‑This petition for leave to appeal is from the judgment dated 30‑4‑1989 of the Lahore High Court dismissing the writ petition of the petitioner.
2. The petitioner is the owner of a shop. By a deed dated 12‑5‑1985, he gave it on rent to Barkat Ali, respondent No. 3, for a period of 9 months expiring in March 1986. On 16‑4‑1986, he filed an application before the Rent Controller for the eviction of Barkat Ali and his son Sajjad Salim on the ground that Barkat Ali had sublet the shop to his son Sajjad Salim, that Barkat Ali had caused damage to the shop and that he needed the shop for his personal use. The application was resisted by Barkat Ali and Sajjad Salim. After considering the evidence led by the parties, the learned Rent Controller found that the only ground which the petitioner had been able to establish was that of subletting. Accordingly, on this ground alone, he directed the eviction of Barkat Ali and Sajjad Salim. From the order of the Rent Controller, Sajjad Salim filed an appeal before the Additional District Judge. After reappraising the evidence, the learned Additional District Judge held that none of the grounds taken in the application for eviction existed; accordingly, he set aside the order of eviction passed by the Rent Controller. The petitioner invoked the Constitutional jurisdiction of the High Court to challenge the legality of the order made by the Additional District Judge. It was dismissed. He now seeks leave to appeal from this Court.
3. Learned counsel for the petitioner has challenged the finding of the learned Additional District Judge on the plea of subletting before us. The case of Akbar Ali and Sajjad Salim was that at the request of the petitioner Barkat Ali had surrendered his tenancy in August 1985 and thereafter the shop was rented to his son Sajjad Salim. Their case found support from the receipts issued by the petitioner on payment of rent to him. These receipts were in the name of Sajjad Salim. Learned counsel for the petitioner was unable to offer any explanation why the petitioner had issued receipts in the name of Sajjad Salim when his tenant, according to him, was Barkat Ali alone. In the circumstances the finding of the learned Additional District Judge that subletting had not been established does not suffer from any infirmity. Leave is refused. H.B.T./A‑649/S Leave refused,