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1985 SCMR 2102

AKHTARI BEGUM And Others vs RENT CONTROLLER And Other

Citation1985 SCMR 2102
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos. 389 of 1981 Civil Petition No. 399 of 1981 Civil Petition No.
Date1985-04-29
Judge(s)Nasim Hasan Shah, Aslam Riaz Hussain, Shafi-ur-Rehman
ResultLeave granted

ORDER

1. SHAFIUR RAHMAN, J.--Leave to appeal is granted to examine the soundness of to apparently inconsistent decisions of different dates of the Lahore High Court between the same parties in respect of the same property. In one (Regular Second Appeal No. 704 of 1980, decided on 18-4- 1984) Ghulam Hussain the predecessor-in-interest of the respondents (in C. P. 543 of 1984) was for the first the granted a decree for specific performance of an agreement to sell the disputed property against Abdul Wahab the predecessor-in-interest of the petitioners. In the other (W.P. 389 of 1981, decided on 20-1-1981) the ejectment order against the successors-in-interest of the same Ghulam Hussain from a portion of the same property was left intact. The owners objects on various legal grounds to the grant of decree of specific performance by the High Court reversing the concurrent finding of the to Courts in second appeal. The occupants object to the legality of the ejectment order against them, once they are armed with a decree for specific performance of an agreement to sell the same property.

2. Security Rs.1,000 in each case.

3. Status quo meanwhile. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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