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1997 SCMR 1173

Mst. MUMTAZ BEGUM And Another vs Mst. YAQOOT BEGUM And Another

Citation1997 SCMR 1173
CourtSupreme Court of Pakistan
Case No.Civil Petition No.309 of 1995C.R. No.172/1995
Date1995-07-09
Judge(s)Mir Hazar Khan Khoso, Muhammad Munir Khan
ResultLeave granted

ORDER

MIR HAZAR KHAN KHOSO, J.---On 11-1-1989 respondent Mst. Yaqoot Begum filed suit for ejectment of the petitioners from the shop in question in the Court of the Senior Civil Judge, Kohat. The suit was contested by them. However, on 30-5-1993 he dismissed her suit. She filed appeal before the District Judge, Kohat. On 6-12-1994 the learned District Judge accepted her appeal and held that the respondent was also entitled to the recovery of Rs.13075 as arrears of rent at the rate of Rs.85 per month from February, 1987 till date. The petitioners filed revision petition before the Peshawar High Court, Peshawar, who on 30-4-1995 dismissed the same. The petitioners have come before this Court and sought for leave to appeal.

2. Mr. Muhammad Munir Peracha, the learned counsel for the petitioners inter alia contended that the shop being situated within Kohat city was governed by the Rent Restrictions laws. The Civil Court had no jurisdiction to adjudicate upon it. The contention raised needs consideration of this Court. Leave to appeal is granted accordingly.

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