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2007 SCMR 1866

Khawaja MUHAMMAD RAZZAK vs Dr. SULTAN MEHMOOD GHOURI and another

Citation2007 SCMR 1866
CourtSupreme Court of Pakistan
Case No.C.P.L.A. No,619-K of 2006
Date2007-01-05
Judge(s)Hamid Ali Mirza, Rana Bhagwan Das, Sayed Saeed Ashhad
ResultOrder accordingly

' RANA BHAGWANDAS, J.--- This petition is directed against a part of the Sindh High Court order allowing 18 months period to the respondent for vacating the demised premises. We have heard learned counsel for the petitioner and respondent No,1 in person.

2. After long drawn litigation leading to an order of eviction against the respondent, his constitutional petition was dismissed by the Sindh High Court vide order, dated 17-10-2006 whereby, while upholding the concurrent findings of the forums below, he has been allowed a period of one year and six months for vacating the demised premises, subject to payment of rent.

Evidently, this order was passed behind the back of the petitioner-landlord, who is aggrieved and prays that only reasonable time may be allowed to the respondent-tenant for vacating the premises. On his part, the respondent states that he has been enjoying the possession of the premises for the last 25 years upon payment of Rs,1,00,000 as "Pagree" and Rs,350 as monthly rent.

3. We have considered the submissions of both the parties. While the High Court may be justified in dismissing the constitutional petition of the respondent, there was no lawful warrant for allowing usually long period of eighteen months for vacating the premises, which on the face of record, is most unreasonable and unlawful. In order to maintain a balance between the parties, we would set aside the order of the High Court to the extent of allowing eighteen months time for vacating the premises and substitute it by awarding 120 days from the date of the order of the High Court.

4. Consequently, petition, is converted into appeal and on acceptance disposed of accordingly. No order as to costs.

Cited by 7 cases

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