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1982 SCMR 242(1)

MST. NAWAB BIBI ETC. vs SAIFUR REHMAN

Citation1982 SCMR 242(1)
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 335 of 1975
Date1980-10-26
Judge(s)Maulvi Mushtaq Hussain, Muhammad Haleem
ResultPetition dismissed

ORDER

MUSHTAQ HUSSAIN,J.--The petitioners are successors-in-interest of Hashmat Ali deceased, the transferee of the property in dispute. One Muhammad Din was its occupant since 1948,

2. The petition for ejectment was filed against Muhammad Din and the other respondents on the ground that Muhammad Din had defaulted in payment of rent and had inducted the other respondents into the house as sub-tenants. Muhammad Din did not contest the application. The other respondents did. The other respondents claim to be in occupation of the house in their own rights.

3. The Rent Controller passed an ejectment order against the said respondent on 1-4-1974. The respondent filed an appeal. The appeal was dismissed by the Additional District Judge. The respondent then filed a second appeal which was accepted by the Lahore High Court on 31-1-1975.

Hence this civil petition for special leave to appeal.

4. The judgment of the learned High Court is based on the finding that the service of notice on Muhammad Din, the statutory tenant, not having been proved before the Rent Controller, the case could not have been pro--ceeded with at all. Secondly the other respondents having claimed that the house was never sublet to them and Muhammad Din having found favour with the learned Rent Controller, they could not have been proceeded against as sub-tenant.

5. Both these questions pertain to the realm of fact and it is not for this Court to interfere in it. Leave is, therefore, refused and the petition is dismissed'.

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