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1994 SCMR 1752

MUHAMMAD SIDDIQUE HAIDER QURESHI vs DISTRICT JUDGE, PESHAWAR and 2

Citation1994 SCMR 1752
CourtSupreme Court of Pakistan
Judge(s)Saeeduzzaman Siddiqui, Abdul Qadeer Chaudhry, Wali Muhammad Khan
ResultReview dismissed.

1. ' WALI MUHAMMAD KHAN, J.---Muhammad Siddique Haider Qureshi, Advocate, petitioner herein, seeks review of the judgment of this Court dated 15-1-1992, whereby his Civil Appeal No, 12-P of 1991 was dismissed with costs.

2. ' We have heard the petitioner in person and have perused the record of the case.

3. He reiterated his submissions made at the time of the hearing of the appeal and submitted that respondent 3 was a previous defaulter as well and, in consequence, is not entitled to the benefit of second proviso of section 13(2) of the West Pakistan Urban Rent Restriction Ordinance, 1959 as amended by A N.-W.F.P. Amendment Ordinance, 1972. We are afraid this contention has no force, inasmuch as, no evidence was led to the effect that the respondent 3 had defaulted in the payment of rent on earlier occasions as well.

4. ' No case has been made out for review and petition is accordingly dismissed. However, the costs imposed upon the petitioner in the impugned judgment is waived.

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