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1991 SCMR 131

KARIM BAKHSH vs Haji GHULAM DASTGIR And Other

Citation1991 SCMR 131
CourtSupreme Court of Pakistan
Case No.Writ Petition No.6475 of 1989 Civil Petition, No.1301 of 1989, .
Date1990-01-30
Judge(s)Abdul Shakurul Salam, Rustam S. Sidhwa
ResultLeave refused

ORDER

ABDUL SHAKURUL SALAM, J.---Respondents 1 to 4 filed an ejectment application on 11-2-1985 against the petitioner on the ground that he had defaulted in payment of the rent since 9-4-1981 and that they needed the property for personal use. The petitioner denied the relationship of landlord and tenant between the parties. Issue was accordingly framed by the learned Rent Controller. After recording the evidence and hearing the arguments, the learned Rent Controller found in favour of the landlords vide order dated 24-1-1989 and directed ejectment of the petitioner. The petitioner filed an appeal which was dismissed by the appellate authority, the Additional District Judge vide order dated 30-9-1989. The orders were challenged through writ petition No.6475 of 1989 which was dismissed on 26-11-1989. The petitioner seeks leave to appeal.

2. The contention of the learned counsel for the petitioner is that the petitioner was not the tenant of the respondents and that he had himself filed a suit for a declaration that he was the owner of the property in dispute.

3. The issue as regards the relationship of 'landlord' and tenant was determined on the basis of the evidence produced before the learned Rent Controller and he came to the adverse finding against the petitioner. The same was upheld in appeal. The matter was exhaustively argued and determined by the learned single Judge who upheld the findings of the competent Courts on the issue.

4. Having heard the learned counsel for the petitioner, we find hardly any good cause to interfere with the concurrent finding of fact. The contention that the petitioner has filed a suit for a declaration of the property in dispute to be vesting in him will be determined by the competent Courts in due course.

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