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1990 SCMR 747

ABDUL WAHID vs EID MUHAMMAD and 2 others

Citation1990 SCMR 747
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos.948 and 949 of 1986
Date1989-10-23
Judge(s)Muhammad Afzal Zullah, Saad Saood Jan
ResultPetitions dismissed

ORDER

' SAAD SAOOD JAN, J.---The facts necessary for the disposal of these two petitions for special leave to appeal are as follows:

2. Abdur Razzaq, father of respondent No,1 in C.P. No,949, moved an application before the Rent Controller against the petitioner for his ejectment from House No,111-A, Block No,1, Bhalwal. The petitioner resisted the application mainly on the ground that the relationship of landlord and tenant did not exist between the parties. His case was that the house in his possession bore No,103- A and that he had purchased the same in an auction held by Settlement Authorities. After a proper trial, the Rent Controller found that the house in dispute belonged to Abdur Razzaq and the petitioner was a tenant under him. On the basis of this finding he allowed the application and directed the ejectment of the petitioner. From the order of the Rent Controller the petitioner preferred an appeal before the District Judge. The appeal was dismissed and the findings of the learned Rent Controller were affirmed. The petitioner took the matter in Constitutional jurisdiction to the High Court but his writ petition was dismissed.

3. During the pendency of the writ petition the petitioner brought two suits with regard to the same property as was in dispute in the ejectment proceedings claiming that he was the owner thereof.

He alleged that the said property had fallen down and that the respondents in the two suits were preventing him from re-constructing a structure on the site. The suits were dismissed by the trial Court and the petitioner's appeals before the Additional District Judge and the revision petitions before the High Court also failed. He now seeks leave to appeal from this Court.

4. The question whether the property in dispute belonged to the petitioner or Abdur Razzaq was finally decided in the proceedings before the Rent Controller. He did not get his right to agitate this question in a Civil Court reserved in these proceedings or in the writ petition preferred by him. It is now too late for him to recanvass the same question by separate suits. Reference in this context is invited to the judgment in Rahmatullah v. Ali Muhammad 1983 SCMR 1064. These petitions are without any merit and are hereby dismissed.

Cited by 1 case

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