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1986 SCMR 594

MUHAMMAD ILYAS vs MUHAMMAD DIN And Other

Citation1986 SCMR 594
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos. 799 to 803 of 1982
Date1985-11-10
Judge(s)Muhammad Afzal Zullah, Aslam Riaz Hussain, Abdul Qadir Sheikh
ResultI.

ORDER

1. ASLAM RIAZ HUSSAIN, J.--This order will dispose of 5 petitions as all of them have been filed by the same person and also involved same question.

2. The facts giving rise to these petitions are that the petitioner filed 5 separate applications for eviction of the respondents from the premises in question under the Urban Rent Restriction Ordinance 1969. The learned trial Court ordered the eviction of the respondents but on appeal the learned District Judge set aside the order/decree inter alia on the ground, that now evidence has been adduced to show that the premises in possession of the respondents were apart of the property transferred to the petitioner.

3. The learned counsel for the petitioner referred us to another statement made by the respondents before the learned trial Court admitting that they were in occupation of the premises in question and submitted that the learned District Judge as well as the High court has wrongly refused to rely on this admission on part of the respondents.

4. We are of the view that the question needs consideration Leave is, therefore, granted for the said purpose.

5. Security in the sum of Rs.1,000 in each case. Full record shall be prepared by the petitioner at his expenses. Since the matter involves a very short point the same may be filed for hearing on the 19th of this month.

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