Pakistan Case Lawโ† Search
1991 SCMR 345

MUHAMMAD SIDDIOUE vs Mehr MUHAMMAD ALTAF And Other

Citation1991 SCMR 345
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 771 of 1989 Writ Petition No.
Date1989-08-20
Judge(s)Muhammad Afzal Zullah, Syed Usman Ali Shah
ResultPetition dismissed

ORDER

1. S. USMAN ALI SHAH, J.---The petitioner seeks leave to appeal against the order of the Lahore High Court, Lahore dated 13-5-1989, whereby his writ petition was dismissed.

2. Respondent No.3 and Mst. Jhando predecessor-in-interest of respondents Nos.4-6 filed an ejectment application before the Rent Controller, Lahore against the petitioner from the plot measuring 10 marlas alongwith superstructure built thereon, which was a part of Khasra No.177 Khatuni No.1201 Khewat No.311, situate in Mauza Dholanwal Tehsil and District Lahore, on the ground of default in payment of rent at the rate of Rs.400 p.m. From October, 1980 to 30-9-1983 and also damage to the property in dispute. The petitioner contested the said application and claimed that he was only the tenant of the plot and the superstructure thereupon was built by the petitioner/defendant himself. It was also alleged by him that the premises was firstly rented by him at the rate of Rs.10 p.m. Which was twice enhanced to Rs.40 p.m. And finally to Rs.60 p.m. He denied the claim of the respondents of Rs.400 p.m. On the pleadings of the parties and after recording the evidence, the learned Rent Controller found the petitioner as defaulter and accepted the ejectment petition vide his order dated 25-9-1988. Appeal of the petitioner before the District Judge failed vide order dated 14-3-1989. Being aggrieved the petitioner tiled a writ petition in the Lahore High Court which was dismissed in limine.

3. We have heard the learned counsel for petitioner and have gone through the evidence on record.

4. We have come to the conclusion that this petition has no merit which needs dismissal straightaway. The matter involved in this petition is pertaining to .The question of fact and the Courts below have concurrently held that the petitioner is a defaulter and he was proved to be the tenant. His contention that the superstructure built thereon by him is also held by the Courts below against him.

5. After hearing the learned counsel, we do not find any justification for interference with 'findings of fact reached by the learned Courts below. This petition has no merit and is accordingly dismissed.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch