Pakistan Case Lawโ† Search
1979 SCMR 515

E. A. EVANS vs MUHAMMAD ASHRAF

Citation1979 SCMR 515
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 14 of 1964 Civil Miscellaneous
Date-
Judge(s)Alvin R. Cornelius
ResultLeave granted

ORDER

1. A. R. CORNELIUS, C. J.-The case arises out of a proceeding before a Rent Controller which at present stands decided by an order of the Additional District Judge, Lahore confirming an order of the ejectment of the petitioner Mr. E. A. Evans. He moved an appeal before the High Court, and a learned Judge made an order as follows :---- "Records. No stay at this stage."

2. It is clear that the appeal was not being dismissed forthwith, so that the question of the retention of the premises was a live issue before the Court. In the circumstances, refusal to stay ejectment would appear, prima facie to be inconsistent with the order calling for records.

3. That is a sufficient ground, for the grant of leave to appeal. But it appears, additionally, that the petitioner had instituted a suit, which was still pending for a declaration that the statutory rent of the premises was half that which he had been paying for the period since the respondent became his landlord, and there was in consequence a large sum to his credit in the landlord's hands.

4. We grant leave to appeal. Let formalities be expedited, and the appeal be prepared for hearing in the second half of March. Security Rs. 500. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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