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1986 CLC 2782

GHULAM HUSSAIN vs Mst. KALL00 BIBI And OTHER

Citation1986 CLC 2782
CourtLahore High Court
Case No.Writ Petition No. 1193 of 1985
Date1985-12-16
Judge(s)Gul Zarin Kiani
Resultpetition is dismissed

ORDER

1. Courts below, in the result of detailed discussion and in depth assessment of evidence led for and against, found preliminary issue of relationship of landlord and tenant in favour of respondents and directed ejectment of petitioner Ghulam Hussain. Further enquiry was not called for, because payment of rent was not pleaded. Counsel states that when the petitioner is faced with a concurrently concluding finding of fact on relationship, appropriate remedy in law for him is to file a civil suit before civil Court. Seeks permission /observation from this Court to initiate proceedings in the civil Court. Writ petition is dismissed. However, petitioner, if so advised, can seek his remedy before a civil Court Let it be clarified that suit when filed shall be decided on its own merits and in accordance with law. Counsel, lastly prays that the execution of the ejectment order be stayed for seven days so that civil suit could be instituted and interim relief sought from the civil Court.

2. Ejectment order passed by the Courts below shall remain suspended for a period of seven days only.

3. H . B . T .Eviction stayed.

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