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1984 SCMR 1011

Mst. SUGHRA BEGUM AND OTHERS vs Mst. SHAH SULTAN AND OTHERS

Citation1984 SCMR 1011
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 24-P of 1984 Writ Petition No, 505 of 1978
Date1984-05-01
Judge(s)Mian Burhanuddin Khan, Nasim Hasan Shah, Aslam Riaz Hussain
ResultPetition dismissed

ORDER

1. ' Nasal HASAN SHAH, J.-The learned Chief Justice, by his order dated 25-10-1983, set aside the order of the Rent Controller, as upheld by the learned District Judge, dismissing the ejectment petition filed by respondent No. 1 for eviction of her tenants (petitioners herein) from the shop in dispute and found that they were liable to be ejected.

2. ' The learned Civil Judge found that the two functionaries, who had dealt with the ejectment petition earlier, had erred in law in holding that the respondent-landlady was not entitled to get the tenants evicted on the ground of reconstruction, although she had, alongwith the eviction application, produced a site plan from the Cantonment Board for reconstruction of the demised shop and there was nothing in the evidence on the record to show that this was done merely as a contrivance on her part, to dislodge the tenants from the demised shop.

3. After havin2 heard learned counsel for the parties, we do not consider that any case for interference is called for in the order impugned before us, 4 in the facts and circumstances, of this case.

4. ' This petition, therefore, fails and is dismissed hereby.

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