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1986 SCMR 1696

Syed TASADDAQ HUSSAIN vs JAFFAR KHAN And Other

Citation1986 SCMR 1696
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 1376 of 1983 Writ Petition No.
Date1986-07-28
Judge(s)Muhammad Afzal Zullah, Shafi-ur-Rehman
ResultLeave granted

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment, dated 11-10-1983 of the Lahore High Court; whereby a Constitutional petition, filed by the petitioner claiming to be the landlord in respect of the property in dispute against refusal of the learned Rent Controller and appellate Court to treat the respondents Nos. 1 to 3 as petitioner's tenants, on account of their finding, that the property was evacuee trust property, was dismissed.

2. One controversy involved in this petition, amongst other questions, is regarding the status of the property in dispute.

3. Learned counsel has brought to our notice an order passed by this Court on 10-2-1980 in a Civil Petition No. 1063 of 1979 (Muhammad Amin v . Eyed Tassaduq Hussain Shah and another); whereby leave to appeal was granted to Muhammad Amin another alleged tenant of the petitioner for examination of the same question, namely, the nature and character of the property owned by the petitioner. Learned counsel contends that this question in any case is going to be resolved by the Supreme Court in the other petition, therefore, the present is a fit case for leave to appeal.

4. There is force in this contention. We accordingly grant leave to appeal in this petition. Both the appeals arising out of these two petitions are, it is directed, to be heard together.

5. Security for costs in this case is Rs.2,500.

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